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.
Read more on Lexology.