About the Class Action Lawsuit

Update May 6, 2020: Ontario carriage was granted to McPhadden, Waldmann and Stein on May 6, 2020. Read the decision here.

Update July 14, 2020: The motions for leave to appeal the order of Belobaba J. dated May 6, 2020 are dismissed. Read the decision here.

Andrew Stein and Peter Waldmann are counsel in a proposed class action on behalf of all Canadians who used the services of LifeLabs Inc.

 

On or about October 28, 2019, LifeLabs became aware that they were the subject of a data breach.

 

On November 1, 2019, LifeLabs reported a potential cyberattack on their computer systems to the Office of the Information and Privacy Commissioner of Ontario (IPC) and the Office of the Information and Privacy Commissioner for British Columbia (OPIC).

 

LifeLabs confirmed they were the subject of an attack affecting the personal information of approximately 15 million customers across Canada, primarily in Ontario and British Columbia. The affected systems contained personal information of LifeLabs’ customers, including names, addresses, emails, customer logins and passwords for LifeLabs online accounts, health card numbers, and lab test results.

 

The Plaintiff alleges that LifeLabs and certain of its officers and directors, contrary to its publicized Terms of Service and Privacy Policy and contrary to industry standards, failed to implement adequate safeguards, security measures and internal controls to protect the Personal Information from loss, theft, unauthorized access, unauthorized use, unauthorized duplication and/or unauthorized disclosure.

 

The plaintiff seeks damages for negligence, breach of contract, breach of contractual duties of good faith, honesty and fair dealing, breach of confidence, intrusion upon seclusion, public disclosure of private information, negligence and breaches of duties and obligations on the part of the directors and officers, and breach of provincial privacy and consumer protection legislation.

Click to view a notice sent by LifeLabs to one of the Ontario LifeLabs’ customers who have registered on our website.

Statement from the Office of the Information and Privacy Commissioner of Ontario and the Office of the Information and Privacy Commissioner for British Columbia on
LifeLabs Privacy Breach: Click to View

This is what LifeLabs’ lawyers are saying: Click to View

LifeLabs' FAQ has only stated that acceptance of their one year cyber security offer would not affect your right to participate in any class action if certified. It has not stated whether acceptance of their offer will affect your right to sue if the class action is not certified. 

 

If you have used LifeLabs services, including physically visiting a lab for testing or have created or logged into an account online on LifeLabs’ website and are interested in registering for the class action, please click here to fill out the registration form.