Class Action Lawsuits

Potential Class Action against Toys R Us: PST charged on PST-exempt items

Individuals who have been charged PST on certain baby and children products through Toys “R” Us online store may be entitled to compensation for the charges.

Click here to learn more about the case

Click here to learn about how to become involved

 

If you have been affected by the GM Financial Data Breach, please click here for information on how to get involved in a potential class action.

 

If you have been affected by the Walmart Canada Photocentre Data Breach, please click here for information on how to get involved in a potential class action.

____________________________________________________________

In Canada, class action litigation is in a dynamic state of development. Class actions are major concerns for businesses because of the financial exposure and the potential harm to reputation, customer and employee relations as well as public relations. Providing a successful defence against class action law suits is a challenge that requires both creativity and a great breadth of expertise. That is why Crystal & Associates is the right choice for you. At Crystal & Associates our team provides class action advice and representation. Whether it is risk management to avoid class actions, settlements or defence of claims that is required, our Class Action team is able to assist you with the identification and execution of strategic responses.

Ongoing Cases:

Peterborough Regional Health Centre 

The proposed class action involving breaches of patients’ personal health information at Peterborough Regional Health Centre is proceeding to the next step: applying to the court to have the action certified as a class action.  There are no court dates set as of yet.

Supreme Court of Canada Decision Permits Proposed Peterborough Regional Health Centre Class Action to Proceed

On October 29, 2015, the Supreme Court of Canada dismissed a proposed appeal of Hopkins v. Kay in which the Court of Appeal ruled that patients should be permitted to sue hospitals and staff members for privacy breaches, such as snooping into medical records, and not simply be restricted to making a complaint to the Information and Privacy Commissioner.
Click here to view an article on the case.
Here is the summary from the Supreme Court website:
Peterborough Regional Health Centre, et al. v. Heike Hesse and Erkenraadje Wensvoort on behalf of themselves and all others similarly situated, et al.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.

Privacy law – Breach of privacy rights – Statutory interpretation – Legislative intention to create complete code – Tort law – Intrusion upon seclusion – Whether the Ontario Personal Health Information Protection Act, S.O. 2004, c. 3, Sch. A, creates an exhaustive code governing patient records that precludes common law claims for breach of privacy and ousts the jurisdiction of the Superior Court – Does the new tort of intrusion upon seclusion allow the court to ignore comprehensive legislative codes affording remedies for breach of privacy? – When a comprehensive statutory scheme administered by an expert decision-maker provides adequate and effective remedies, must the court defer adjudication of disputes whose essential character relates to that scheme until the statutory remedies are exhausted?
Erkenraadje Wensvoort is a representative plaintiff in a proposed class action. She and 280 other patients of the Peterborough Regional Health Centre (“the Hospital”) received notices from the Hospital, as required by the Ontario Personal Health Information Protection Act, S.O. 2004, c. 3, Sch. A (“PHIPA”), indicating that the privacy of her personal health information had been breached. Mandy Edgerton Reid, is a registered practical nurse who worked at the Hospital. The statement of claim states that she and other individual defendants, who were all Hospital employees when the breaches occurred, improperly accessed and disclosed patient records. Ms. Wensvoort initially relied on breaches of PHIPA to assert a cause of action. The statement of claim was subsequently amended to contain only the common law tort of intrusion upon seclusion (breach of privacy), recognized by the Ontario Court of Appeal in Jones v. Tsige, 2012 ONCA 32, 108 O.R. (3d) 241. The Hospital brought a motion to strike the claim and dismiss the action, on the ground that PHIPA is an exhaustive code that ousts the jurisdiction of the Superior Court to entertain any common law claim for invasion of privacy rights in relation to patient records.
 

Articles Relating to Peterborough Regional Health Centre Proposed Class Action

Decisions Relating to Peterborough Regional Health Centre Proposed Class Action

Rouge Valley Health System

The proposed class action involving breaches of patients’ personal health information at Rouge Valley Health System is proceeding to the next step: applying to the court to have the action certified as a class action.  There are no court dates set as of yet.

Articles Relating to Rouge Vally Health System Proposed Class Action

Sault Area Hospital

We are currently reviewing the information collected during our visit to Sault Ste. Marie and will be filing a statement of claim initiating the class-action in the next few weeks. Please use the website to keep updated and feel free to communicate via email. Our intention is to visit your area after we file a statement of claim. We are encouraging all patients who have received letters to return to the hospital and request the following further information:

  • The name of the individual who accessed your file
  • How many times your file was accessed
  • Copies of what was exactly accessed
  • Date and time the access took place

A further meeting will be held in Sault Ste Marie in June or July 2014.

Monitoring Cases:

Court Transcript Overbilling

Online Breach at SAH

Police Reference Checks

 

The Acts

Class Proceedings Fund

In 1992, an amendment under the Law Society Act established the Class Proceedings fund (“The Fund”) and the Class Proceedings Committee. The Fund provides financial support to approved class action plaintiffs for legal disbursements and it indemnifies plaintiffs for costs that may be awarded against them in funded proceedings.