Law360 Canada ( September 22, 2025, 2:45 PM EDT) -- Appeal by Doan from order of Federal Court (FC Order) dismissing her motion to certify the underlying action as a class proceeding. In the underlying action, Doan alleged that Clearview engaged in widespread copyright infringement and violations of moral rights by collecting, copying and storing images of human faces taken in Canada without the consent of the individuals who took the images or who hold copyright and/or moral rights in those images. The certification judge concluded that Doan did not establish some basis in fact that there was an identifiable class of two or more persons in the proposed proceeding. Doan’s arguments contesting the certification judge’s conclusion raised questions of when and how a class must be identifiable and highlighted the importance and intricacies of an individual’s right to opt out of a class action. Doan submitted that the certification judge imposed an evidentiary burden more onerous than some basis in fact of an identifiable class. Clearview submitted that the certification judge committed no palpable and overriding errors in her analysis of Doan’s evidence....