Medical Marijuana Privacy Breach Class Action
In November 2013, the law firms of McInnes Cooper, Strosberg Sasso Sutts LLP (formerly Strosberg, Sutts LLP) Charney Lawyers PC, and Branch MacMaster LLP agreed to work together and commenced a proposed class action against the Government of Canada on behalf of all persons who were sent a letter from Health Canada in an envelope that referred explicitly to the “Marijuana Medical Access Program”. On August 29, 2017, the law firms filed a Fifth Amended Statement of Claim in the Federal Court of Canada.
View the Statement of Claim
UPDATE TO CLASS ACTION – DECEMBER 6, 2023
On December 6, 2023, the Federal Court released its reasons for decision granting the Plaintiffs’ summary judgment application heard in October 2023. The decision can be found here. In summary, the Court dismissed the Plaintiffs’ claim for breach of confidence but found that Health Canada owed the Class Members a duty of care and that the duty owed in the circumstances was breached. The Court determined that the Class Members’ damages claims for negligence may be pursued by individual trials or assessments, the process for which will be determined at an upcoming case management conference. Further details on that process will be posted when they are determined by the Court.
Please continue to monitor this website for updates.
UPDATE TO CLASS ACTION – MAY 20, 2022
On April 22, 2022, the Federal Court issued the Order certifying this class proceeding and establishing the notice plan for class members to opt-out of the class action should they not wish to participate. Click on the links below to view the French and English versions of the certification.
The Class is defined as:
All persons who were sent a letter from Health Canada in November 2013 that had the phrase Marihuana Medical Access Program or Programme d’Accés à des Fins Médicales visible on the front of the envelope.
Notice of Certification may be viewed here: English and French.
If you fall within the class definition, you are automatically included in this class action and you do not need to do anything at this time.If you do not wish to participate in this class action, you must follow the instructions for opting out found in the Notice of Certification. The deadline to opt-out is Thursday, July 21, 2022. For further information about the opt-out process, please go to:
https://www.medicalmarihuanaprivacyclassactioncanada.ca/
or you may contact the notice administrator whose contact information is as follows:
Trilogy Class Actions Services
117 Queen Street, P.O. Box 1000
Niagara-on-the-Lake, ON L0S 1J0
Email: [email protected]
Tel: 1-877-406-5302 (toll-free)
Fax: 416-342-1761
Contact Information
Confidential email: [email protected]
Confidential phone line: 1-855-669-3118
