Compromised Data

When a company with consumers’ personal information is the target of a data breach, that same company could be sued by consumers alleging they suffered the inconvenience of having to set up credit monitoring and cancel payment cards, among other things.

In Quebec, however, there are not a lot of judgments on the extent of general damages which may be claimed by purported victims of cyber breaches.  The vast majority of such cases are dealt with through the class action process and this body of case law — developed as a result of the certification process — provides at least a partial answer.

Antoine St-Germain, Partner, Gasco Goodhue St-Germain LLP

During the certification process, the proposed class representative must demonstrate a prima facie case to meet the conditions imposed Quebec’s Code of Civil Procedure, which stipulates “the Court authorizes the class action if… the facts alleged appear to justify the conclusions sought.”

It is in this context that courts must determine whether or not the proposed class representative arguably suffered a loss as a result of the defendant’s fault. The petitioner must, thus, allege, with sufficient precision and some evidence, his “damages” and demonstrate a prima facie cause of action.

Antoine St-Germain, Partner, Gasco Goodhue St-Germain LLP

Read the full article in the Digital Edition of the October 2017 Canadian Underwriter.

Click here to subscribe to Canadian Underwriter, available free to qualified industry professionals.

Gasco Goodhue St-Germain is a member of The Arc Group of Canada, a network of independent law firms across Canada.