TD Auto Finance Services (actually, its predecessor) sent a tape containing the personal information of its customers by courier. The tape was lost in transit, and customers were informed of this. Anna Mazzonna, one of the customers, alleged that this had caused her and others anxiety and fear about possible identity theft, as well as potential inconvenience in obtaining credit and having to monitor for fraud: Mazzonna v Daimlerchrysler Financial Services Canada Inc, 2012 QCCS 958.

[Link available here].

Lacoursière JSC refused to certify the proposed class action for the simple reason that Mazzonna failed to show that she or anyone else had suffered compensable damages; there was no evidence that her personal information had in fact been misused, and no cause of action for the stress caused by being informed of a possible risk of misuse of personal information. The judge relied in part on Ontario law: Mustapha v Culligan of Canada Ltd, 2008 SCC 27.

[Link available here].