INVASION OF PRIVACY - Personal information

Law360 Canada ( November 18, 2025, 9:37 AM EST) -- Appeal by appellants from certification of class proceeding; cross-appeal by respondent from judge’s refusal to certify a claim on behalf of Quebec residents. Each of the appellants was alleged to have played a role in the creation and operation of the RateMDs.com website which contained profiles of health professionals from across Canada, including their name, contact information, ratings, reviews, and comments from anonymous third parties. The respondent was a physician. She alleged that she discovered that she had a profile on RateMDs.com, which contained several reviews. She commenced an action alleging that the appellants’ conduct in operating RateMDs.com constituted a tort under the Privacy Act (B.C. Privacy Act). She sought to have certified a class proceeding on behalf of health professionals in British Columbia, and other provinces with statutory privacy torts, who had a profile on RateMDs.com. The chambers judge certified the action as a class proceeding. The appellants raised two broad issues on appeal: the judge erred in finding that the respondent’s pleading disclosed a cause of action under either sections 1 or 3(2) of the B.C. Privacy Act; and the judge erred in finding that there was sufficient commonality between class members to conclude that a class proceeding was the preferable procedure for resolving the claims. In her cross-appeal, the respondent alleged that the judge erred in declining to certify the claims of class members in Quebec....
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