John Doe et al. v. Canada, 2015 FC 916
| Judge | Phelan, J. |
| Court | Federal Court (Canada) |
| Case Date | July 27, 2015 |
| Jurisdiction | Canada (Federal) |
| Citations | 2015 FC 916;[2015] F.T.R. TBEd. NO.062 |
John Doe v. Can., [2015] F.T.R. TBEd. NO.062
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Temp. Cite: [2015] F.T.R. TBEd. NO.062
John Doe and Suzie Jones (plaintiffs) v. Her Majesty the Queen (defendant)
(T-1931-13; 2015 FC 916)
Indexed As: John Doe et al. v. Canada
Federal Court
Phelan, J.
July 27, 2015.
Summary:
The plaintiffs, using pseudonyms, sued the Her Majesty the Queen (the Crown), asserting that Health Canada identified them as participants in the Marihuana Medical Access Program by sending letters in oversized envelopes through the mail system with the return address "Marihuana Medical Access Program". They pleaded six causes of action: breach of contract and warranty; negligence, breach of confidence, intrusion upon seclusion, publicity given to public life, and breach of the right to privacy under ss. 7 and 8 of the Charter. The plaintiffs moved to have the action certified as a class action. The Crown opposed the motion.
The Federal Court allowed the motion. On the threshold question of "some basis in fact", the plaintiffs had established a sufficient basis for the court to consider the elements of certification. The plaintiffs had sufficiently pleaded each cause of action except for the Charter breach. Since the plaintiffs would be amending the action, they would have the opportunity to correct the pleading respecting the Charter claim or withdraw it. There was no dispute as to there being an identifiable class of two or more. The class was not overly broad although it could involve thousands of individuals. The court was satisfied that the common issues would move the litigation forward. The individual issues did not detract from the advantage of resolving the common issues. As for the preferable procedure, there were few practical alternatives. The Crown's suggestion of an adequate remedy under the Privacy Act failed to recognize that the Privacy Commissioner could not award damages. The court directed the plaintiffs to identify at least one public class representative.
Practice - Topic 209.3
Persons who can sue and be sued - Individuals and corporations - Status or standing - Class or representative actions - Certification - Considerations (incl. when class action appropriate) - See paragraphs 24 to 64.
Practice - Topic 209.4
Persons who can sue and be sued - Class actions - Certification - Appointment or replacement of representative plaintiff - See paragraphs 60 to 63.
Practice - Topic 209.7
Persons who can sue and be sued - Class actions - Certification - Evidence and proof - See paragraphs 24 to 27.
Counsel:
Ward Branch, Theodore P. Charney and David T.S. Fraser, for the plaintiffs;
Paul Vickery and Catherine Moore, for the defendant.
Solicitors of Record:
Branch McMaster, LLP, Vancouver, British Columbia, Charney Lawyers, Toronto, Ontario, McInnes Cooper, Halifax, Nova Scotia and Sutts, Strosberg, LLP, Windsor, Ontario, for the plaintiffs;
William F. Pentney, Deputy Attorney General of Canada, Ottawa, Ontario, for the defendant.
This motion was heard at Halifax, Nova Scotia, on June 11 and 12, 2015, by Phelan, J., of the Federal Court, who delivered the following order and reasons on July 27, 2015.
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