In this article – “Canadian courts confirm significant limits on privacy class actions” – we review such factors as why a class action should not automatically follow from a data breach or incident; how plaintiffs must show evidence of actual harm to obtain certification; and how the courts have put a stop to privacy class actions that lack evidence of harm. The variety of tools that defendants have to defend against privacy claims are also covered.

This article is authored by Mark Gelowitz, Céline Legendre, Robert Carson and David Rankin, who are all partners with Osler’s Litigation group, and by Emily MacKinnon and Lauren Harper, who are associates with the group.

Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 450 lawyers to provide the answers you need, when you need them.

Our Legal Year in Review, published December 7, 2021, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.

For more information about Osler, please visit our website at osler.com. For the full Legal Year in Review, please visit www.legalyearinreview.ca.