Case information
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41202
Rina Del Giudice and Daniel Wood v. Paige Thompson, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-09-27 | Close file on Leave | |
| 2024-09-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-09-19 | Judgment on leave sent to the parties | |
| 2024-09-19 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C70175 and M53810, 2024 ONCA 70, dated January 31, 2024, is dismissed with costs to the respondents Capital One Financial Corporation, Capital One Bank (Canada Branch), Capital One (Services) Canada Inc., Capital One, N.A., Capital One Bank (USA), N.A., Amazon Web Services Inc., and Amazon Web Services (Canada) Inc. Dismissed, with costs |
|
| 2024-08-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-05-15 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2024-05-15) | Rina Del Giudice and Daniel Wood |
| 2024-05-15 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-05-15, (Printed version filed on 2024-05-15) | Rina Del Giudice and Daniel Wood |
| 2024-05-06 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version filed on 2024-05-06) | Capital One Financial Corporation, Capital One Bank (Canada Branch), Capital One (Services) Canada Inc., Capital One, N.A., Capital One Bank (USA), N.A. |
| 2024-05-06 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-05-06) | Capital One Financial Corporation, Capital One Bank (Canada Branch), Capital One (Services) Canada Inc., Capital One, N.A., Capital One Bank (USA), N.A. |
| 2024-05-06 | Notice of name, (Letter Form), (Printed version filed on 2024-05-06) | Capital One Financial Corporation, Capital One Bank (Canada Branch), Capital One (Services) Canada Inc., Capital One, N.A., Capital One Bank (USA), N.A. |
| 2024-05-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-05-16, (Printed version filed on 2024-05-06) | Capital One Financial Corporation, Capital One Bank (Canada Branch), Capital One (Services) Canada Inc., Capital One, N.A., Capital One Bank (USA), N.A. |
| 2024-05-06 | Notice of name, (Letter Form), (Printed version filed on 2024-05-06) | Amazon Web Services Inc., and Amazon Web Services (Canada) Inc |
| 2024-05-06 | Certificate (on limitations to public access), (Letter Form), 23A & B , (Printed version filed on 2024-05-06) | Amazon Web Services Inc., and Amazon Web Services (Canada) Inc |
| 2024-05-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-05-06, (Printed version filed on 2024-05-06) | Amazon Web Services Inc., and Amazon Web Services (Canada) Inc |
| 2024-04-11 | Correspondence received from, (Letter Form), Correspondence received from the Respondent., (Printed version due on 2024-04-18) | Capital One Financial Corporation, Capital One Bank (Canada Branch), Capital One (Services) Canada Inc., Capital One, N.A., Capital One Bank (USA), N.A. |
| 2024-04-05 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2024-04-05; | |
| 2024-03-28 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version filed on 2024-04-02) | Rina Del Giudice and Daniel Wood |
| 2024-03-28 | Certificate (on limitations to public access), 23A;, (Printed version filed on 2024-04-02) | Rina Del Giudice and Daniel Wood |
| 2024-03-28 |
Application for leave to appeal, (Book Form), Missing: -Signed CA order;, Completed on: 2024-04-05, (Printed version filed on 2024-04-02) |
Rina Del Giudice and Daniel Wood |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Rina Del Giudice and Daniel Wood | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Thompson, Paige | Respondent | Active |
| Capital One Financial Corporation, Capital One Bank (Canada Branch), Capital One (Services) Canada Inc., Capital One, N.A., Capital One Bank (USA), N.A. | Respondent | Active |
| Amazon Web Services Inc., and Amazon Web Services (Canada) Inc | Respondent | Active |
Counsel
Party: Rina Del Giudice and Daniel Wood
Counsel
R. Douglas Elliott
Darrel N. Hotz
Hugh Scher
Glyn Hotz
1200 Bay Street
Suite 604
Toronto, Ontario
M5R 2A5
Telephone: (416) 865-6697
Email: jcampion@grllp.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Thompson, Paige
This party is not represented by counsel.
Party: Capital One Financial Corporation, Capital One Bank (Canada Branch), Capital One (Services) Canada Inc., Capital One, N.A., Capital One Bank (USA), N.A.
Counsel
Sarah Armstrong
Alex Cameron
Vera Toppings
Pavel Sergeyev
333 Bay Street, Suite 2400
Bay Adelaide Centre, Box 20
Toronto, Ontario
M5H 2T6
Telephone: (416) 865-5471
FAX: (416) 364-7813
Email: lcooper@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: Amazon Web Services Inc., and Amazon Web Services (Canada) Inc
Counsel
Brent J. Arnold
Kavi Sivasothy
1 First Canadian Place -100 King Street West
Suite 1600
Toronto, Ontario
M5X 1G5
Telephone: (416) 862-7525
FAX: (416) 862-7661
Email: Scott.kugler@gowlingwlg.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Civil procedure — Class actions — Certification — Pleadings — Personal and confidential information provided to Capital One exposed or became vulnerable to exposure to public — Motion to certify class action against Capital One and Amazon Web for various torts related to data misappropriation and data misuse dismissed — Whether application for leave to appeal raises issues of national or pubic importance — Whether informational privacy protections under Charter apply in commercial/consumer context — Whether there is a gap in common law regime of data privacy.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The Capital One respondents (collectively, “Capital One”) collected data from people applying for Capital One credit cards. Capital One stored its data on servers of the Amazon Web Services respondents (collectively, “Amazon Web”). Amazon Web was hacked, and consequently the personal and confidential information provided to Capital One was exposed or became vulnerable to exposure to the public.
The motion judge dismissed the applicants’ motion to certify a class action against Capital One and Amazon Web for various torts related to data misappropriation and data misuse. Their pleadings were struck without leave to amend, and their certification motion was dismissed.
The Court of Appeal dismissed the appeal.
Lower court rulings
Motion to certify action as a class proceeding dismissed.
Appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available