Background: Rina Del Giudice and Daniel Wood filed a proposed class action against Capital One and Amazon Web Services after a 2019 data breach exposed personal information of 106 million credit card applicants, including six million Canadians. They alleged multiple causes of action, including negligence, breach of privacy, and data misuse.

Lower Court Decision: The Superior Court dismissed the appellants' claim, deeming it “doomed to fail.” The motion judge found that the claim violated pleading rules, failed to support any viable legal cause of action, and was excessively expanded into a $240 billion lawsuit.

Appeal Decision: The Ontario Court of Appeal upheld the dismissal, finding:

1. No Valid Causes of Action: Claims such as intrusion upon seclusion and misappropriation of personality were unsustainable. The alleged conduct did not meet the threshold for “offensive” behavior required for these torts.
2. Negligence Claims: The court held that the risk of future identity theft was not a compensable harm, and the appellants failed to demonstrate actual losses or psychological harm.
3. Contractual Claims: Claims based on breach of contract lacked support, as the appellants could not establish a valid breach.

Costs Appeal: The appellants’ request to appeal the $1.225 million costs order was denied, as they failed to file on time and had weak grounds for appeal.

Conclusion: The appeal was dismissed, with the court affirming that the case lacked a legal basis to proceed as a class action. The respondents were awarded $50,000 in appeal costs. Thus, the total monetary award in favor of the respondents is $1.275 million. No damages were granted to the appellants, as the case was dismissed at both levels of court.