On September 30th, the Supreme Court of British Columbia dismissed a motion for certification of a class proceeding against Apple that was about the recording of location data on Apple devices running the iOS4 operating system.
The Court applied significant rigor in weighing the proposed action against the certification criteria, giving heavy scrutiny to both the pleadings and the evidence filed in support of certification.
The Court’s finding on the common issues criterion may have broader implications. The Court acknowledged that the scope of one’s right to privacy under the BC Privacy Act is determined by the context. The plaintiff, the Court said, “has not shown any basis in fact to conclude that the reasonableness and context could be proved on a class-wide basis.” The Court reached the same conclusion regarding the “without claim/colour of right” issue – an issue that speaks to an essential element of a breach of privacy claim.
HT to Barry Sookman.