Facts: After a cyber-attack on LifeLabs Inc. was announced on December 17, 2019, revealing unauthorized access to customer personal information, several individual and class actions were initiated. Asif Rahman filed an individual action in 2020, which was held in abeyance during class action proceedings.
Issues/Main Discussion: The case focuses on the dismissal of Rahman's individual action following the certification and settlement of a class action (Carter v. LifeLabs Inc.), which Rahman did not opt out of.
Ruling: The court ordered the dismissal of Rahman’s action against LifeLabs without costs, after Rahman agreed to deliver a Notice of Discontinuance.
Amount Awarded: No amount was awarded; the action was dismissed without costs to either party, noting that Rahman had not put LifeLabs to the expense of delivering a defence, and had held his action in abeyance.
