Following the dismissal of two proposed class action certification motions and a Rule 21 motion regarding the unauthorized sale of hospital patient contact information to RESP sales representatives, the successful defendants sought costs totaling over $690,000.
The Law Foundation of Ontario, which had indemnified the plaintiffs, argued that no costs should be awarded due to the novelty of the legal issues and the significant public interest in the protection of health privacy.
The court agreed, finding that the case raised novel questions about commercial liability for purloined patient information and engaged important public policy issues.
Applying section 31 of the Class Proceedings Act, 1992, the court exercised its discretion to make no order as to costs.
