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In a recent data breach class action decision, the Alberta Court
of Queen's Bench ("the Court") refused certification,
thereby exercising its important gatekeeping function, on the basis
that a class action was not a preferable procedure to litigate a
matter in which no member of the proposed Class had suffered harm
or a loss arising from the breach.
In
Setoguchi v Uber B.V., the Plaintiff
sought certification of a class action on behalf of users whose
personal information was accessed during a third party data breach.