Judge erred by not including certain claims as part of class proceeding

Federal appeal | Civil Procedure

CLASS ACTIONS

Judge erred by not including certain claims as part of class proceeding

Plaintiffs were individuals who applied for and received student loans through Canada Student Loans Programs from 2002 to 2006. Personal information of individuals was stored on hard drive that had been kept in filing cabinet at offices of Human Resources and Skills Development Canada. Hard drive was lost. Plaintiffs commenced action against defendant on various grounds and brought motion to certify action as class proceeding. Federal Court judge granted motion but only in relation to certain claims. Federal Court judge did not include claims of negligence and breach of confidence as part of class proceeding. Plaintiffs appealed. Appeal allowed. Federal Court judge evaluated affidavit evidence in concluding that plaintiffs had not suffered any compensable damages. However, determination of whether plaintiffs had reasonable cause of action in negligence or breach of confidence should have been made based on facts as pled and not on evidence adduced in support of motion. Federal Court judge erred in law in evaluating merits of claims of negligence and breach of confidence based on evidence submitted by parties and in failing to address claims for special damages for costs incurred in preventing identity theft and out-of-pocket expenses in analysis. Plaintiffs claimed they suffered damages and they identified nature of damages they were claiming. There was no basis to not include claims of negligence and breach of confidence as part of class proceeding.
Condon v. R. (Jul. 6, 2015, F.C.A., C. Michael Ryer J.A., Wyman W. Webb J.A., and D.G. Near J.A., File No. A-165-14) Decision at 239 A.C.W.S. (3d) 28 was reversed.  255 A.C.W.S. (3d) 836.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ford government’s cuts to Toronto city council ruled constitutional

Histories of Canadian law and Métis people are entwined, says Jean Teillet

More women are on TSX company boards - but there’s slow progress to the C-Suite, says Osler

GM lawyer Michael Smith becomes partner at Bennett Jones

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Most Read Articles

Ontario court rules cap on general damages does not apply to sexual abuse

Man discharged from his fourth bankruptcy

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident