Jeffery Childs

This appeal concerned the dismissal of a proposed class action against Capital One and Amazon Web following a data breach.

The motion judge had struck the appellants' pleadings without leave to amend and dismissed their certification motion, finding the case 'doomed to fail'.

The Court of Appeal upheld the motion judge's decision, affirming that the pleadings failed to disclose viable causes of action for data misuse (intrusion upon seclusion, misappropriation of personality, conversion, breach of confidence/trust/fiduciary duty) and data breach (negligence, statutory claims).

The Court also upheld the decision to deny leave to amend the pleadings, citing repeated opportunities and the defective nature of the claims.

The appellants' motion for an extension of time to appeal costs was also dismissed.

The moving parties sought leave to appeal a costs order.

The Divisional Court dismissed the motion for leave to appeal in writing.

Costs of the motion were fixed at $5,000 payable by the moving parties.

Following the dismissal of a proposed $240 billion class action regarding a data breach, the successful defendants sought costs.

The plaintiffs argued costs should be limited to a partial indemnity scale for a pleadings motion.

The court found that the plaintiffs' unsubstantiated allegations of professional misconduct against defence counsel, combined with their egregious violations of pleading rules and massive expansion of the claim, justified costs on a substantial indemnity basis.

The court awarded $725,000 to Capital One and $500,000 to Amazon Web.

The plaintiffs in a proposed class action regarding a data breach sought court approval to settle and discontinue their claims against the defendant GitHub.

GitHub, an American corporation, had challenged the court's jurisdiction.

After an initial adjournment to address jurisdictional concerns, the plaintiffs submitted revised materials.

The court approved the settlement, finding that discontinuing the action against GitHub was fair, reasonable, and in the best interests of the class given the litigation risks, costs, and the fact that the remaining defendants had sufficient financial strength to meet any damages.

The court issued a costs decision in an exceptional case following a carriage motion in a class action.

The Slapinski Action Consortium, though unsuccessful in the carriage motion, sought costs against the Del Giudice Action Consortium's counsel for non-compliance with a case management direction regarding simultaneous exchange of motion materials.

The court found that the Del Giudice Action Consortium's failure to comply with the simultaneous exchange rule prejudiced the court's ability to fairly decide the carriage contest, constituting a default under Rule 57.07.

Despite the Del Giudice Action Consortium's success on the carriage motion, the court awarded partial indemnity costs of $42,907 to the Slapinski Action Consortium, to be paid personally by the Del Giudice Action Consortium's counsel.