I heard something on the radio about the mmar privacy breech lawsuit and a law office in Halifax is taking action today June 12th about the letters or something but i cant seem to find any info online about it . Any info on this ? Is there more then one firm taking action in this matter?
Health Canada privacy violation
- Thread starter cr0n
- Start date
http://www.newswire.ca/en/story/126...ss-action-in-medical-marijuana-privacy-breach
Crazy how search engines work
I'm sure a quick call or email to the law firm will answer any questions you have.
Crazy how search engines work
I'm sure a quick call or email to the law firm will answer any questions you have.
As a result, the motion for certification will be rescheduled to new dates in June or July 2015. Further details on the date and location of the hearing will be posted as soon as they are available.
http://www.newswire.ca/en/story/126...ss-action-in-medical-marijuana-privacy-breach
Crazy how search engines work
i tried 3 different engines and couldnt find any new info coming out of halifax about a it being time to take action . it was on a local radio station and i just caught the end of it it was talking about the envelops and then saying it was time to take action
http://www.newswire.ca/en/story/126...ss-action-in-medical-marijuana-privacy-breach
Crazy how search engines work
i tried 3 different engines and couldnt find any new info coming out of halifax about a it being time to take action . it was on a local radio station and i just caught the end of it it was talking about the envelops and then saying it was time to take action
Contact the radio station and get a transcript of the article emailed to you.
peace...B
http://thechronicleherald.ca/metro/1292449-medical-pot-users-seek-class-action-against-health-canada
Published June 11, 2015 - 9:45am
Lawyers representing plaintiffs in a proposed class action, claiming Health Canada breached privacy rights and jeopardized the safety of medical marijuana users, will be seeking damages of up to $20,000 per person, a court in Halifax heard Wednesday.
Federal Court Justice Michael Phelan is hearing a certification application for a proposed class action, put forward by medical marijuana users and growers across Canada, who were licensed under the previous federal medicinal marijuana program.
The claim alleges that in November 2013 the department sent letters to about 40,000 people explaining changes to the federal medical marijuana access program, and because the return address on the envelopes clearly stated they came from the Health Canada medical marijuana program anyone who may have seem them knew the recipient was either licensed to possess or grow marijuana for medical purposes.
The claim alleges that Health Canada was reckless, careless and negligent in sending the mail-out, which breached confidentiality and the personal security of medical marijuana program users.
The allegations have not been proven in court and Health Canada has not yet filed a defence.
The lead plaintiffs, a Nova Scotia man and an Ontario woman, are identified by the pseudonyms John Doe and Suzie Jones because a confidentiality order protects their identities.
In court Thursday, Ted Charney, one of several lawyers representing the plaintiffs, read aloud copies of Health Canada emails, which he said indicate the federal department’s use of the over-sized, non-discreet, envelopes in the mail-out, was not a simple clerical error. Instead, they indicate the decision received approval at “the director level” within the federal department, he said.
The emails show a Health Canada staffer first asked a Canada Post employee for a quote for the cost of sending the envelopes by registered mail, however, it was decided not to send them that way, said Charney, of Charney Lawyers in Toronto.
Health Canada sent its own envelopes to Canada Post to be used for the mail-out but they were damaged when they arrived there. An email from a Health Canada staffer to a Canada Post employee refers to a time pressure to get the mail-out done and in a subsequent email, the staffer, whose name is redacted from the emails, gives Canada Post the go-ahead to use the envelopes for the mail-out.
About 1,800 people have registered with the proposed class action. Two hundred and forty one of those have reported a home invasion or security breach since the mail-out and 341 have reported they have changed residences because of the mail-out, Charney said
One of the lead plaintiffs is a health professional in a small community in Nova Scotia. Following the mail-out, he believed that people in the community were aware he was licensed to use medicinal marijuana. He feared a home invasion and suffered anxiety and stress about possible career repercussions, Charney said.
McInnes Cooper in Halifax and three other law firms, one in British Columbia and two in Ontario are jointly representing affected users.
If the case moves forward, lawyers will argue that there was a breach of security of person under the Canadian Charter of Rights and Freedoms, David Fraser, of McInnes Cooper told the court.
“It will be alleged and argued … that Health Canada knew about the risks that would be presented by disclosing this information.”
The Office of the Privacy Commissioner of Canada received more than 300 complaints about the mail-out, with recipients citing concerns such as job loss and damage to their reputations and safety. The commissioner’s office investigated and, in March, released a finding that Health Canada violated the federal Privacy Act and mishandled personal information.
Phelan has not yet decided whether the commissioner’s report or parts of it, can be used in the certification application.
Lawyers for Health Canada are expected to argue against the class action certification in court on Friday.
Published June 11, 2015 - 9:45am
Lawyers representing plaintiffs in a proposed class action, claiming Health Canada breached privacy rights and jeopardized the safety of medical marijuana users, will be seeking damages of up to $20,000 per person, a court in Halifax heard Wednesday.
Federal Court Justice Michael Phelan is hearing a certification application for a proposed class action, put forward by medical marijuana users and growers across Canada, who were licensed under the previous federal medicinal marijuana program.
The claim alleges that in November 2013 the department sent letters to about 40,000 people explaining changes to the federal medical marijuana access program, and because the return address on the envelopes clearly stated they came from the Health Canada medical marijuana program anyone who may have seem them knew the recipient was either licensed to possess or grow marijuana for medical purposes.
The claim alleges that Health Canada was reckless, careless and negligent in sending the mail-out, which breached confidentiality and the personal security of medical marijuana program users.
The allegations have not been proven in court and Health Canada has not yet filed a defence.
The lead plaintiffs, a Nova Scotia man and an Ontario woman, are identified by the pseudonyms John Doe and Suzie Jones because a confidentiality order protects their identities.
In court Thursday, Ted Charney, one of several lawyers representing the plaintiffs, read aloud copies of Health Canada emails, which he said indicate the federal department’s use of the over-sized, non-discreet, envelopes in the mail-out, was not a simple clerical error. Instead, they indicate the decision received approval at “the director level” within the federal department, he said.
The emails show a Health Canada staffer first asked a Canada Post employee for a quote for the cost of sending the envelopes by registered mail, however, it was decided not to send them that way, said Charney, of Charney Lawyers in Toronto.
Health Canada sent its own envelopes to Canada Post to be used for the mail-out but they were damaged when they arrived there. An email from a Health Canada staffer to a Canada Post employee refers to a time pressure to get the mail-out done and in a subsequent email, the staffer, whose name is redacted from the emails, gives Canada Post the go-ahead to use the envelopes for the mail-out.
About 1,800 people have registered with the proposed class action. Two hundred and forty one of those have reported a home invasion or security breach since the mail-out and 341 have reported they have changed residences because of the mail-out, Charney said
One of the lead plaintiffs is a health professional in a small community in Nova Scotia. Following the mail-out, he believed that people in the community were aware he was licensed to use medicinal marijuana. He feared a home invasion and suffered anxiety and stress about possible career repercussions, Charney said.
McInnes Cooper in Halifax and three other law firms, one in British Columbia and two in Ontario are jointly representing affected users.
If the case moves forward, lawyers will argue that there was a breach of security of person under the Canadian Charter of Rights and Freedoms, David Fraser, of McInnes Cooper told the court.
“It will be alleged and argued … that Health Canada knew about the risks that would be presented by disclosing this information.”
The Office of the Privacy Commissioner of Canada received more than 300 complaints about the mail-out, with recipients citing concerns such as job loss and damage to their reputations and safety. The commissioner’s office investigated and, in March, released a finding that Health Canada violated the federal Privacy Act and mishandled personal information.
Phelan has not yet decided whether the commissioner’s report or parts of it, can be used in the certification application.
Lawyers for Health Canada are expected to argue against the class action certification in court on Friday.
There are a lot of silent factors at play here too. You won't have to demonstrate that you lost 20 grand. How the community reacted to your garden can have a big impact too and it isn't necessarily monetary, but the courts still rule in favor of people who have suffered mental anguish and often compensate them.
I doubt we'll see 20 grand each either though.
I doubt we'll see 20 grand each either though.
Lol precedence has been set by another similar case. And the payout was about the same.
Making arbitrary numbers based on opinion does not hold up in a court of law. Facts and passed cases do
Any who. 20 to 40 more grand to go towards my mission. Sounds good to me
med-man
Making arbitrary numbers based on opinion does not hold up in a court of law. Facts and passed cases do
Any who. 20 to 40 more grand to go towards my mission. Sounds good to me
med-man
JRace
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JRace
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