Plaintiff
Defendant
Case Overview:
In Reichert v. Attorney General of Canada (2024 BCSC 2131), plaintiffs David Reichert and Derrick Ross, both RCMP members, alleged that the RCMP unlawfully accessed and disclosed their health records to retaliate against their psychologist, Dr. Mike Webster. The information was used to file a complaint against Dr. Webster with the College of Psychologists of British Columbia.
Legal Issues:
The plaintiffs claimed violations of privacy under the Privacy Act and alleged negligence, citing the RCMP’s failure to secure sensitive health information, supervise personnel, and investigate breaches. They also sought certification for a class action to represent RCMP members whose records were accessed between 2007 and 2012.
Court's Findings:
The court denied class certification, finding that individual issues, such as limitation periods and pension entitlements, predominated over common issues. It held that the pension scheme under the Pension Act provided a preferable process for compensation, and the claims were unsuitable for class-wide resolution.
Costs and Awards:
No damages or costs were awarded, as the class action was not certified. The court left individual claims to proceed separately.
Disposition:
The court dismissed the certification application and directed a case planning conference to manage individual claims.
Court
Supreme Court of British ColumbiaCase Number
S158405Practice Area
Tort lawAmount
Winner
DefendantTrial Start Date
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