![]() ![]() December 5, 2017: Equifax previously announced that approximately 8,000 Canadian consumers were affected by the data breach.You can find a copy of the Court’s decision here. The Court also ordered that the class action brought by Merchant Law Group LLP be stayed and that no other class actions on this subject matter be filed in Ontario without the Court’s permission. In a decision dated January 24, 2018, the Court decided that it was in the best interests of the class of people affected by the Equifax breach to have Sotos LLP as their counsel. January 25, 2018: The Ontario Superior Court of Justice has granted carriage of this class action to Sotos LLP and its clients Bethany Agnew-Americano and Jane Doe.If you have any questions about the certification motion, please contact class counsel for details. Further details can be found at at 4:30pm the day before the commencement of the hearing. The motion will likely be heard at Osgoode Hall in Toronto commencing at 10am. January 10, 2019: The Ontario Superior Court is scheduled to hear the plaintiff’s motion for certification of this action on February 4-6, 2019.Further details can be found at 4:30pm the day before the commencement of the hearing. The certification motion has been rescheduled for April 23-25, 2019. February 7, 2019: Due to a scheduling error, the certification motion did not proceed on February 4-6, 2019.The motion will likely be heard in Toronto commencing at 10am. The certification motion has been rescheduled for September 16-18, 2019. April 25, 2019: The certification motion scheduled for April 23-25, 2019 was adjourned.the day before the commencement of the hearing. Further details can be found at at 4:30 p.m. The motion will be heard in Osgoode Hall – Courtroom 6 commencing at 10:00 a.m. September 16, 2019: The certification motion scheduled for September 16-18, 2019 was adjourned to October 8, 10 and 11, 2019.Class Counsel will provide an update once they receive the decision. ![]() Justice Glustein has reserved his decision. October 10, 2019: The certification hearing before Justice Glustein has concluded.Equifax is seeking to appeal the decision. A copy of the judge’s decision can be found here. January 6, 2020: The Ontario Superior Court of Justice ruled that the class action could proceed against Equifax.The plaintiff will be seeking to advance the other aspects of the case while the appeal is pending. A copy of the Court’s decision can found here. October 6, 2020: the Ontario Divisional Court has granted leave to appeal in the Equifax certification decision to address one issue.December 18, 2020: the appeal will be argued on May 19, 2021.A copy of the decision can be found here. The remaining causes of action against Equifax are proceeding. We are seeking leave to appeal the decision. June 9, 2021: A majority of the Divisional Court has concluded that the intrusion upon seclusion claims cannot proceed against Equifax.The plaintiff will be seeking to reinstate the decision of the Ontario Superior Court of Justice with respect to the intrusion upon seclusion claims. October 29, 2021: The Court of Appeal for Ontario has granted leave to appeal in the Equifax certification decision to address one issue.A copy of the appeal factum can be found here. 16 February 2022: The Court of Appeal hearing has been scheduled for June 7, 2022.June 7 2022: The appeal proceeded on June 7 and was heard together with two similar cases.Click here to view a copy of Reasons for Decision released on November 25, 2022. ![]() The plaintiff is now seeking leave to appeal to the Supreme Court of Canada.
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