Within the last week, the Ontario Superior Court of Justice has released two decisions in certification motions in privacy class actions:

  1. In Tocco v. Bell Mobility Inc., 2019 ONSC 2916 (CanLII), the Court certified the class action in which it is alleged that the defendant breached privacy rights by using the personal information of data service customers for a marketing initiative without obtaining their consent; and
  2. In Kaplan v. Casino Rama, 2019 ONSC 2025 (CanLII), the Court dismissed the certification motion for the proposed class action brought by individuals whose personal information was stolen in a cyber-attack and subsequently posted online.