Appellant
Respondent
Background:
Duncan Campbell, a former customer of Capital One Financial Corporation, initiated a class action after a 2019 data breach exposed the personal information of millions of Canadians. The breach was caused by a hacker, Paige Thompson. Campbell sought damages for negligence, breach of contract, and violations of privacy and consumer protection laws.
Legal Issues:
Court Decision:
The Court of Appeal upheld the lower court's decisions, dismissing both the appeal and cross-appeal. It ruled that Campbell’s claims for breach of confidence and intrusion upon seclusion were unlikely to succeed, but statutory privacy claims could proceed. The court also found that moral damages under negligence law were not recoverable.
Outcome:
No damages were awarded, as both appeals were dismissed. The total claim sought by Campbell was $800 million, but no costs or damages were granted in favor of either party.
Court
Court of Appeals for British ColumbiaCase Number
CA48385Practice Area
Tort lawAmount
Winner
Trial Start Date
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