The defendants in a proposed privacy class action regarding a data breach brought a motion to transfer and stay four identical Small Claims Court actions.
The court held that under s. 13 of the Class Proceedings Act, the small claims should be temporarily stayed pending the outcome of the certification motion, as allowing them to proceed would circumvent the opt-out provisions of the Act.
However, the court declined to transfer the actions to the Superior Court, finding such a transfer premature until the certification motion is decided.
