Plaintiff
Defendant
Overview:
Lasse Hvitved, the plaintiff, brought a class action against Home Depot of Canada Inc., alleging breaches of privacy under provincial privacy statutes for sharing customers' personal information with Meta Platforms Inc. (Meta) between October 2018 and October 2022. The data sharing was used for Meta's offline conversion tool, enabling targeted advertising and user profiling.
Key Legal Issues:
The plaintiff alleged breach of privacy, unjust enrichment, breach of contract, and intrusion upon seclusion. The court assessed the claims against the requirements of the Class Proceedings Act (CPA).
Certification:
The court certified the claims under the privacy statutes of British Columbia, Saskatchewan, Newfoundland, and Manitoba but struck the claims for breach of contract, unjust enrichment, and intrusion upon seclusion. The court ruled that customers had a reasonable expectation of privacy and that Home Depot’s sharing of data without consent supported a privacy violation claim.
Common Issues:
The court identified common issues, including Home Depot's data-sharing practices, whether the conduct breached privacy statutes, and whether punitive damages were warranted.
Outcome:
The plaintiff's application for certification was allowed for privacy statute breaches, while other claims were struck. Costs or awards in favor of the successful party were not explicitly stated in the judgment.
Conclusion:
The court deemed a class proceeding the preferable method for resolving the claims, citing judicial efficiency and the impracticality of individual claims for over six million instances of shared data. Justice Edelmann presided over the case.
Court
Supreme Court of British ColumbiaCase Number
S231365Practice Area
Class actionsAmount
Winner
Trial Start Date
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