Date Closed

July 13, 2023

Lead Office

Calgary

McCarthy Tétrault was lead counsel to Uber and successfully defeated the motion for certification in a putative class action related to a third-party data breach (Dione Setoguchi v Uber Canada Inc. et al, 2021 ABQB No. 18).

On February 7, 2023, the Alberta Court of Appeal released its unanimous decision in Setoguchi v. Uber dismissing the Plaintiff’s appeal and upholding the dismissal of the certification motion. The Court of Appeal went even further than the Motions Judge: 1. As to the cause of action in negligence, the Panel imposed a pleading standard on the Plaintiff that required particular harm to be pleaded; and since the only harm advanced in argument was the breach itself, the Court found it to be non-compensable, and refused to certify negligence; 2. As to the cause of action for breach of contract Claim, they upheld the Motions Judge on preferable procedure, and dismissed the appeal.

On July 13, 2023, the Supreme Court of Canada dismissed the Plaintiff’s application for leave to appeal the decisions denying certification of the proposed data breach class action against Uber.
Uber, headquartered in San Francisco, California, is a mobility service provider, allowing users to book a car and driver to transport them in a way similar to a taxi.

McCarthy Tétrault advised Uber with a team led by Kara Smyth and Dana Peebles that included Cassidy Bishop and Gabriel Querry (Litigation).