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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.
In
Setoguchi v Uber, the Alberta Court of Queen s
Bench reiterated that courts hearing applications for certification
of class action proceedings fulfill an important gatekeeping
function, and the case may signal a move toward a more rigorous
application of the
Class Proceedings Act.
Background
The proposed representative plaintiff applied to certify a
national class action against the defendants. She alleged, among
other things, negligence and breach of contract stemming from a
hack in which electronic information about the defendants
users was illegally accessed.
On the basis of the certification record, Justice Rooke
concluded that, although the information that was accessed was