LifeLabs Privacy Breach Class Action

What is this law suit about?

We have commenced a multi-jurisdictional (national) class action against Lifelabs for a data breach that reportedly occurred in October 2019.

LifeLabs is a private corporation operating medical laboratories across Canada. In order for patients to obtain health diagnostic testing at LifeLabs they were required to provide personal information to LifeLabs which was stored in the LifeLabs database.

On December 18, 2019 LifeLabs disclosed that in October 2019 the personal information of approximately 15 million of its patients was accessed by unauthorized individuals. LifeLabs advises that the vast majority of its patients whose personal information was potentially accessed live in British Columbia and Ontario with relatively few patients in other provinces. The personal information disclosed could have included name, address, phone number, email, login, password, security question\answer, date of birth, health card number and lab test results. This information may have been or could be used unlawfully and all the patients whose information was accessed are at risk of identity theft. A class action has been filed by Collette Parsons Corrin LLP to obtain compensation for all individuals who had their personal information unlawfully accessed, including compensation for losses suffered as a result of the breaches of privacy and punitive damages.

What is a class action?

A class action is a lawsuit that allows one person, called a representative plaintiff, to start an action on behalf of herself/himself as well as all others who are members of a class of persons who have suffered similar harms, subject to the rights of class members to withdraw or opt out. A class action must be certified as a “Class Proceeding” and the person commencing the action must be appointed the “Representative Plaintiff” by the court pursuant to the Class Proceedings Act, R.S.B.C., c. 50.  Class actions allow greater access to justice by permitting groups of people who are similarly affected to join together in pursuing a legal action.

How can you get included in this action

If you had your personal information accessed as a result of this privacy breach LifeLabs may have  already contacted you and informed you that your private information was accessed by unauthorized persons. We will be applying for certification of this class action and once the court certifies it as a class action you will automatically be include unless you opt out. If you opt out you may pursue your own individual lawsuit against LifeLabs at your own cost.

Are there any precautions that can be taken

LifeLabs is offering free cyber security protection services including identity theft and fraud protection insurance to its customers for 1 year. LifeLabs says the identity theft insurance offered is up to $50,000 in coverage to protect against potential damages related to identity theft and fraud.  The proposed representative plaintiff in this action has signed up for the coverage offered by LifeLabs but does not feel it is adequate and is seeking her own cyber protection insurance policy with better coverage.

If you have been contacted by Lifelabs about your private information being accessed, please fill out this questionnaire. Completing the questionnaire does not establish a lawyer client relationship between you and our firm, however, doing so will allow us to contact to you when the court certifies this class action.

Read Vancouver Sun article on the LifeLabs Class Action

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