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Canadian Class Actions Monitor

Tag Archives: breach of contract

Not Quite a No-Hitter: Ontario Superior Court Declines to Strike (Most) Claims Related to Pre-Installed Software

Posted in Class Actions

In the recent decision of Bennett v. Lenovo[1] (“Bennett”), in the Defendant Lenovo’s motion to strike the proposed class action in its entirety, the Ontario Superior Court of Justice declined to strike three of the four causes of action relating to manufacturer installed software loaded onto laptop computers. The Court’s decision demonstrates the difficulty that can arise in pleading motions as the law concerning privacy matters associated with consumer technology products continues to grow and change.

Background

The Plaintiff, a Newfoundland-based lawyer, purchased a Lenovo laptop from an online vendor. After receiving the laptop, he subsequently noticed the Virtual Discovery adware program that was pre-loaded onto the laptop.… Continue Reading

Proactive Monitoring: Lack of Employee Oversight Leads to the Certification of the first Privacy Class Action based on the novel tort of “intrusion upon seclusion”

Posted in Certification, Class Actions

On June 6, 2014, the Ontario Superior Court certified the first privacy class action based on the novel tort of “intrusion upon seclusion”, recognised in 2012 by the Ontario Court of Appeal in Jones v. Tsige.[1]

In Evans v. Bank of Nova Scotia[2], the plaintiffs sued the Bank and its employee for damages through this new tort. This decision is of interest for any employer who oversee employees that have access to customers’ confidential and financial data.

The Facts

Richard Wilson, Mortgage Administration Officer at the Bank, admitted he had access to highly confidential customer information that his girlfriend disseminated to third parties for fraudulent and improper purposes.… Continue Reading