Sean A. Brown

Two competing class actions were commenced following a cyberattack and privacy breach at Casino Rama.

The plaintiffs in the Kaplan Action and the plaintiff in the Harman Action both sought carriage of the proceeding.

The court applied the seven non-exhaustive factors for determining carriage, noting that the Kaplan Action counsel had more class action experience, a better class definition, and a more refined theory of the case.

The Harman Action counsel argued that their action would proceed faster in the Oshawa court, providing speedier access to justice.

The court rejected the speed argument as determinative on the facts and granted carriage to the Kaplan Action, staying the Harman Action.

The plaintiff brought a proposed class action against Walmart Canada Inc. and PNI Digital Media Inc. following a data breach at Walmart's online photocentre.

The parties reached a settlement agreement providing for credit monitoring and reimbursement of out-of-pocket expenses up to a combined maximum of $750,000.

The plaintiff brought a motion on consent to certify the action as a class proceeding for settlement purposes.

The court found that all criteria under section 5(1) of the Class Proceedings Act, 1992 were met and granted the motion.

The representative plaintiff brought a motion for approval of a settlement agreement in a class action arising from the loss of an unencrypted USB key containing the personal information of over 83,000 individuals who received H1N1 vaccines.

The proposed settlement established a claims process for class members who suffered economic harm, with a claim period ending in August 2016, but provided no direct cash payments for anxiety or distress.

Despite objections from some class members regarding the lack of immediate compensation and the length of the claims period, the court approved the settlement as fair and reasonable.

The court noted that the risk of identity theft had largely dissipated over time, making the prospects of success at trial poor, and also approved class counsel fees of $500,000 plus a percentage of future claims.

The Litigation Administrator in a class action sought court approval for its accounts totaling $65,455.25.

The defendants objected, arguing the fees significantly exceeded the initial estimate of $21,500.00.

The court applied the principles for passing a receiver's accounts and found the work was necessary, well done, and the hourly rates were known in advance.

The court approved the accounts up to the end of December 2011, noting that changes in the notice process increased the complexity and expense of the administrator's work.