Ilya Kirtsman

The plaintiff brought a consent motion to discontinue a proposed class action regarding a data breach involving Capital One.

The action had previously been stayed following a carriage motion where another action was granted carriage, but the stay was lifted after the other action was denied certification.

The court approved the discontinuance under section 29 of the Class Proceedings Act, 1992, finding that the test for discontinuance was met and ordering notice to be posted on class counsel's websites.

The plaintiff sought a case conference after the defendant's counsel delayed scheduling a mediation, proposing a date in February 2022.

The court found this delay unacceptable, citing the Supreme Court's direction in Hryniak v. Mauldin to move cases forward in a timely manner.

The court emphasized the importance of mediation in the civil justice system and ordered the parties to hold a mediation before November 30, 2021, along with setting deadlines for updated medical reports and defence medical examinations.