Evidence, An Elementary Principle At The Authorization Stage Of A Class Action

• Published date: 02 June 2022
• Subject Matter: Litigation, Mediation & Arbitration, Technology, Class Actions, New Technology
• Law Firm: McCarthy Tétrault LLP
• Author: TechLex Blog, Karine Joizil, Maude St-Georges and Bianca Annie Marcelin

The widespread belief of our Quebec jurisdiction in class actions reflects the image of a paradise for any plaintiff at the authorization stage. InHomsy v.Google2022 QCCS 722, the Superior Court makes an important clarification regarding this issue. While it is true that the Supreme¹Court's jurisprudence has reiterated the low threshold in order to institute a class action, this recent decision reiterates that the authorization stage is not a law-breaking step. Evidence remains central in determining whether the plaintiff has an arguable case.

Facts

The plaintiff alleges that Google LLC (hereinafter "Google") has performed, since October 2015, through Google Photos, the extraction, the collection, the retention and the use of the facial biometric data of Québec residents prior giving sufficient notice, receiving an informed consent these residents and publishing policies for the retention of biometric data.

In support of his claim, the plaintiff invokes numerous sections, including the ones relating to the protection of the right to privacy and the right to inviolability under theCharter of Human Rights and Freedomsand theCivil Code of Quebec. The plaintiff also alleges several breaches of the protection of private information under theAct Respecting the Protection of Personal Information in the Private Sector. Finally...