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Children’s Aid Society in a proceeding commenced under the Ontario Class Proceedings Act

Fasken
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Overview

Client

Family and Children’s Services of Lanark, Leeds and Grenville

We are counsel to the defendant Family and Children’s Services of  Lanark, Leeds and Grenville (the “Children’s Aid Society”), in a proceeding commenced under the Ontario Class Proceedings Act, 1992. The Claim arises out of a cybersecurity incident that occurred in April of 2016, wherein an unauthorized third party is alleged to have remotely accessed the Children’s Aid Society’s electronic systems and publicly disclosed the confidential personal information of approximately 285 clients and subjects of Children’s Aid Society investigations. The plaintiff representative has brought a claim against both the Children’s Aid Society and the unauthorized third party and seeks to represent the clients whose personal information was allegedly compromised, stolen, and/or disclosed in the cybersecurity incident. The class also includes the children, step-children, spouses and common-law spouses of any client whose personal information was impacted by the cybersecurity incident. The plaintiff representative claims $50,000,000 against the Children’s Aid Society for negligence, intrusion upon seclusion and breach of section 7 of the Canadian Charter of Rights and Freedoms. The plaintiff representative also seeks punitive, aggravated and exemplary damages against the Children’s Aid Society in the amount of $25,000,000.

 

Team

  • Sarah J. Armstrong, Partner, Toronto, ON, +1 416 868 3452, sarmstrong@fasken.com
  • Alex Cameron, Partner | Co-Leader, Privacy & Cybersecurity, Toronto, ON, +1 416 865 4505, acameron@fasken.com
  • Kimberly Potter, Partner | Co-Leader, ESG and Sustainability, Toronto, ON, +1 416 865 4544, kpotter@fasken.com
  • Pavel Sergeyev, Partner, Toronto, ON, +1 416 868 3443, psergeyev@fasken.com