Siskinds LLP has filed a proposed privacy breach class proceeding against Facebook, Inc. and Facebook Canada Ltd. arising from the improper collection and disclosure of user information to the political consultancy firm, Cambridge Analytica, and its related entities.
The class action has been brought on behalf of all Canadian residents whose Facebook information was shared with Cambridge Analytica, and it claims general, compensatory and punitive damages on behalf of affected individuals. According to Facebook, at least 622,161 Canadian residents have been impacted by the breach.
The lawsuit alleges that Facebook and Facebook Canada disclosed users’ personal information without their consent and failed to take appropriate measures to protect their privacy. Facebook is the subject of an investigation by the Privacy Commissioner of Canada for potential violations of Canada’s privacy laws.
In April 2018, Facebook notified the individuals whose information was improperly shared with Cambridge Analytica. To learn whether their information was shared with Cambridge Analytica, Facebook users may also click on this link while logged in to Facebook.
To receive updates on this action, please complete the form below.
Developments
On February 3 and 4, 2021, the Ontario Superior Court of Justice heard the Plaintiff’s Motion for Certification, which was dismissed by Justice Belobaba. A copy of Justice Belobaba’s reasons can be found here. Siskinds LLP appealed the decision of Justice Belobaba, and the appeal was held virtually on November 16, 2021 and was dismissed by Justice Ryan Bell. A copy of the Divisional Court’s reasons can be found here.
On May 5, 2022, Siskinds LLP filed a motion for leave to appeal to the Court of Appeal for Ontario.
Further updates will be posted on our website when available.
FAQs
What is a class action?
A class action is a lawsuit that is brought by one or more person on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Can I join the class action?
There are no steps required to “join” the class action. Unless you opted-out (excluded yourself from the class action), assuming you fall within the scope of the class definition, you are automatically included in the class action.
I still have a question. Who should I contact?
If you have any other questions, please complete the contact form below.