Quebec court rules in lost personal data case: no fraud, no theft, no class action

Prachi Shah of Clyde & Co. provides an update on litigation stemming from a lost device case previously noted on this blog:

Paul Sofio v. OCRCVM (IIROC), 2014 QCCS 4061 (under appeal) – The Quebec Superior Court refuses to authorize a class action where the  loss of personal data did not result in fraud or identity theft.

The Quebec Superior Court recently refused to authorize a class action against the Investment  Industry Regulatory Organization of Canada (IIROC) after an IIROC employee lost a laptop containing   the personal data of approximately 50,000 clients of investment firms.


On the issue of the facts alleged seeming to justify the conclusions sought, the Court agreed  that the Petitioner met the burden of proving prima facie the fault of IIROC, but concluded that there

  • was no “compensable” damage. Although the Court recognized that moral damages had been awarded in class actions before (for  stress, shock, inconveniences, etc.), it was of the view that the inconveniences alleged by the  Petitioner (having to check accounts on a monthly  basis, regularly checking the mail, remembering not to give out any  personal information by phone, mail or email) were not exceptional and were part of life in modern  society.

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