Background:
Martin L’Anton, a former customer of Mackenzie Financial Corporation, initiated a proposed class action lawsuit in British Columbia after a data breach in February 2023 compromised his personal information, including his social insurance number. The data had been stored on the servers of InvestorCOM Inc., a service provider for Mackenzie Financial Corporation.

Legal Issues:

• The appellants, InvestorCOM Inc. and Mackenzie Financial Corporation, sought to strike the claim as an abuse of process, arguing that a parallel class action in Ontario covered similar claims.

• They contended that the BC action served no legitimate purpose and should be stayed.

• The court had to determine whether the existence of another class action justified dismissing the BC claim before certification.

Court’s Decision:

• The British Columbia Court of Appeal dismissed the appeals, ruling that the mere similarity between the BC and Ontario actions did not constitute abuse of process.

• The court held that issues regarding overlapping class actions should be determined at the certification stage, not through a preliminary stay application.

• The chambers judge had not erred in refusing the stay.

Costs and Award:

• The court did not mention a specific monetary award. However, as the appeal was dismissed, costs were likely awarded in favor of Martin L’Anton.

Final Judgment:
Appeal dismissed.