Pavel Sergeyev

The plaintiff brought a motion to certify a class action against Equifax arising from a massive data breach where hackers accessed the personal information of Canadian consumers.

Equifax opposed certification of several claims, arguing that it was plain and obvious they would fail because Equifax was a victim of the hack, not the perpetrator.

The court rejected Equifax's objections, finding that the law on intrusion upon seclusion, breach of provincial privacy statutes, breach of contract, and consumer protection was not settled in the context of a database defendant allegedly recklessly enabling a hacker attack.

The court certified the proceeding as a class action.