Motion to certify a multi-jurisdictional class proceeding under the Class Proceedings Act arising from a cybersecurity breach at Investorcom Holdings ULC affecting personal information held by Mackenzie Financial Corporation.
The plaintiffs alleged negligence, breach of contract, and fiduciary duty by both defendants in failing to adequately secure sensitive personal information including social insurance numbers.
The court certified the action as a class proceeding, finding the pleadings disclosed plausible causes of action in negligence, contract, and fiduciary duty.
The court declined to certify claims under provincial privacy statutes due to jurisdictional limitations and the requirement of willful conduct, but permitted reliance on such statutes as material facts.
The court certified a national class proceeding without carving out members from other provinces, pending the outcome of a parallel British Columbia class action.
