Theodore Charney

The plaintiffs brought a motion to certify a class action against Facebook, alleging the unauthorized sharing of user data with third-party apps.

The court struck the claims for breach of confidence and breaches of the privacy statutes of British Columbia, Manitoba, and Newfoundland and Labrador, but found the pleadings disclosed causes of action for breach of contract, intrusion upon seclusion, disgorgement, and breach of the Saskatchewan Privacy Act.

The court excluded the plaintiffs' proposed expert evidence but admitted various documentary exhibits.

While the court approved several common issues, it found others required individual inquiries and adjourned the motion to allow the plaintiffs to propose a revised class definition and litigation plan.

The moving parties, plaintiffs in a parallel proposed class action in Saskatchewan, sought leave to intervene in the certification motion of an Ontario class action concerning the same subject matter.

The Ontario plaintiffs opposed the intervention.

The court held that while it had inherent jurisdiction to grant standing to intervene, the moving parties failed to show they would make a useful contribution to the certification motion.

The court found the intervention would likely delay proceedings and potentially prejudice a portion of the class.

The motion for leave to intervene was dismissed.

At a case conference in a proposed class action, the plaintiffs sought an adjournment of the defendant's pending jurisdiction motion to summons witnesses.

The defendants objected, arguing an adjournment would prejudice them due to the impending expiry of the limitation period for third-party claims under s. 18 of the Limitations Act, 2002.

The court resolved the prejudice by ordering that the defendants could deliver pro forma defences and commence third-party proceedings without attorning to the court's jurisdiction, and adjourned the jurisdiction motion.