Sotos LLP is working in collaboration with other firms in Ontario and British Columbia and seeks to represent all persons resident in Alberta, British Columbia, Manitoba, Ontario, Newfoundland, New Brunswick, Nova Scotia, Quebec, Saskatchewan, the Yukon and the Northwest Territories whose personal information was involved in the breach announced by the defendants on December 17, 2019.
Several proposed class actions were launched, however the plaintiffs agreed to proceed with one lead national action to be prosecuted in Ontario. A companion action has been brought in BC.
The Ontario action alleges that the defendants breached provincial privacy, consumer protection and other laws by failing to protect the sensitive personal health information of approximately 15 million Canadians.
The defendants provide medical laboratory testing services, including standard lab testing, genetic testing and naturopathic testing. The defendants have admitted personal health information was “extracted” by hackers from its systems and that it paid a ransom to the “retrieve” the information.
The Court will decide at a later date if this case will proceed as a class action.
- August 8, 2023: This action has been certified on consent for the purposes of facilitating a settlement negotiated between the parties. The Court will decide whether to approve the settlement at a hearing on October 25, 2023. The settlement will not be effective unless the Court approves it. To learn more about the Settlement, please refer to the Long Form Notice of Settlement Hearing, along with the Settlement Agreement.
Under the terms of the Settlement, LifeLabs will pay a guaranteed amount of $4.9M, and up to a further $4.9M, depending upon the number of Class members who make valid claims for compensation. The amount of compensation that each individual Class member may receive will be dependent upon the number of valid claims made.
Class Counsel’s legal fees and disbursements as approved by the Court will be deducted from the settlement fund before the balance is disbursed to Class member claimants. Class Counsel will be asking the Court to approve payment of its fees equal to 25% of the settlement fund, plus disbursements and taxes.
- March 2-3, 2023: The hearing scheduled to seek Court approval for the lawsuit to proceed as a class action was adjourned by the parties, pending a potential settlement. If a settlement is reached, it will require Court approval.
- October, 2022: Cross-examinations of the parties’ witnesses were held. The parties are in the process of exchanging written arguments.
- February 9, 2022: A Fresh as Amended Statement of Claim was issued in the Carter Action. This is the Ontario Action that is being brought forward to launch as a national class action. The BC action is on hold until the Ontario action is resolved.
- January 2021: Sotos Class Actions is working together with other counsel across Canada to jointly prosecute the claims. An updated copy of the claim and proposed certification motion will be posted.
- March 16, 2020: Notice of Civil Action was issued in British Columbia by Sotos Class Actions and Hunter Litigation Chambers.
- September 7, 2020 – September 11, 2020: Preliminary hearing to determine if British Columbia action will be permitted to proceed.