Ashkan Soltani

The plaintiffs brought a motion to certify a class action against Facebook, alleging the unauthorized sharing of user data with third-party apps.

The court struck the claims for breach of confidence and breaches of the privacy statutes of British Columbia, Manitoba, and Newfoundland and Labrador, but found the pleadings disclosed causes of action for breach of contract, intrusion upon seclusion, disgorgement, and breach of the Saskatchewan Privacy Act.

The court excluded the plaintiffs' proposed expert evidence but admitted various documentary exhibits.

While the court approved several common issues, it found others required individual inquiries and adjourned the motion to allow the plaintiffs to propose a revised class definition and litigation plan.

In a proposed class action arising from data breaches, the plaintiffs brought a motion seeking production of Yahoo's database of 16.9 million Canadian users to cross-examine the defendants' expert on the certification motion.

The court dismissed the motion, finding that the plaintiffs failed to meet the onus of explaining how access to the database was relevant to the certification motion and that the request was disproportionate.