Manitoba Privacy Breach Class Action
This class action concerns a disclosure of children’s personal health information by Manitoba Children’s DisABILITY Services, to approximately 100 unauthorized recipients. The claim alleges that the defendant failed to have in place measures that would adequately prevent the privacy breach from occurring.
This action has been certified by the Court as a class action, on behalf of the following Class of people:
All persons whose personal information appeared in or was attached to an email sent on August 26, 2020 by staff at the Office for Children’s DisABILITY Services (“CDS”), to multiple recipients including the Manitoba Advocate for Children and Youth (the “Privacy Breach”).
A settlement in this lawsuit has now been approved by the Manitoba Court of King’s Bench. Please see this Notice to the Class for more information on the settlement and claims process.
As a person whose information was contained in the August 26, 2020 email (or the parent/guardian of that person), you could be eligible to make a claim for compensation. All claims must be submitted before September 25, 2023. If you do not make a claim by September 25, 2023, you will not be eligible for any compensation as part of this lawsuit.
The Claim Form is available HERE.
More information about submitting a Claim, and the claims office where your claim must be submitted, is available here: https://www.cdsprivacybreachclassaction.com/
If you have any questions about the claims process, please contact us at:
Email: mbprivacybreachclassaction@kmlaw.ca
Phone: 1-833-786-0011
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Latest Developments
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April 14, 2023
Class members may now file a Claim Form in this action. All claims must be submitted before September 25, 2023. The Claim Form is available HERE.
Please read this Notice to the Class for more information on the settlement and claims process.
If you have questions about the claims process, please contact us at:
Email: mbprivacybreachclassaction@kmlaw.ca
Phone: 1-833-786-0011
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March 27, 2023
The Court has approved the settlement agreement in this action. Please see this Notice to the Class for more information on the settlement and claims process.
To be eligible for compensation, you must file a Claim Form by September 25, 2023.
More information about how to file a Claim Form will be available soon.
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March 3, 2023
The Manitoba Court of King’s Bench has approved the Settlement in oral reasons given by Justice Edmond. Additional details about how to file a claim will be made available shortly.
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February 28, 2023
The Settlement approval hearing will be held before the Court of King’s Bench on Friday, March 3, 2023. The hearing is scheduled to commence at 10:00 am at the Courthouse located at 408 York Avenue, Winnipeg, Manitoba R3C 0P9.
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December 14, 2022
The parties have reached a Settlement Agreement in this class action. The Settlement provides compensation and benefits to Class Members valued at approximately $1.2 million, paid by the Government of Manitoba, which includes: compensation for distress, compensation for additional information being disclosed, and compensation for enrolment in a credit monitoring program protecting against identity theft and fraud, as well as administration costs. Please see the Notice to the Class for more information.
The Settlement must be approved by the Court in order to be enforceable. A hearing will take place on March 3, 2023, where the Court will decide whether to approve this Settlement, as well as class counsel fees. If you wish to object (disagree) with the Settlement Agreement or class counsel fees, you must file an Objection Form by February 1, 2023.
More details about the Settlement Agreement and your rights at this stage are described in the Court-approved Notice to the Class, which you can find here. The complete Settlement Agreement is available in the Documents section below.
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November 10, 2021
On June 29, 2021, Justice Edmond certified this action to proceed as a class proceeding. The Court-approved notice of certification to all Class members can be found here.
For those wishing to exclude themselves from the Class, the Opt Out Form can be found here, and must be completed by January 7, 2022.
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March 11, 2021
The Statement of Claim in this case was filed with the Manitoba Court of Queen’s Bench.
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April 14, 2023
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Documents
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Toll-Free: 1-833-786-0011
