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LifeLabs Class Action

Sotos LLP is working in collaboration with Hunter Litigation Chambers, Waddell Phillips PC and Klein & Schonblum Associates to launch a proposed class action in British Columbia against LifeLabs and associated defendants.  The class action seeks to represent all persons resident in Manitoba, Saskatchewan, Alberta, British Columbia, Yukon and the Northwest Territories whose personal information was involved in the breach announced by the defendants on December 17, 2019.

The case alleges that the defendants breached provincial privacy, consumer protection and other laws by failing to protect the sensitive personal health information of millions of Canadians.

The defendants provide medical laboratory testing services, including standard lab testing, genetic testing and naturopathic testing. The defendants have admitted personal health information was “extracted” by hackers from its systems and that it paid a ransom to the “retrieve” the information.

The Court will decide at a later date if the case will proceed as a class action.

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If you reside in Ontario, Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, Quebec or Nunavut, you can register or seek further information from the law firm prosecuting a separate class action in Ontario:

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LifeLabs Class Action: Updates

  • January 2021: Sotos Class Actions is working together with other counsel across Canada to jointly prosecute the claims. An updated copy of the claim and proposed certification motion will be posted.
  • March 16, 2020: Notice of Civil Action issued in British Columbia by Sotos LLP and Hunter Litigation Chambers
  • September 7, 2020 – September 11, 2020: Preliminary hearing to determine if British Columbia action will be permitted to proceed

LifeLabs Class Action Documents

Frequently Asked Questions

A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as “certification”.

A statement of claim is issued on behalf of a “representative plaintiff”. The representative plaintiff’s role is to work with class counsel to bring the action forward and to represent the class members in court.

In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the “certification motion”. If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.

No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.

No. We will work primarily with the class representative.

Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.

Certification as a class action will enable us to prove the facts in a single lawsuit rather than in numerous individual lawsuits. This has obvious benefits to the class members and to the courts.

There is no timeframe. We will move the case forward diligently but it can take a considerable period of time to reach trial.

Many class actions settle and thereby remove the need for a trial. However, we cannot predict with any certainty whether or not there will be a settlement in a given action.

The chances of “winning” can never be accurately predicted.

Class action lawsuits are typically brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.

Disbursements (i.e. out-of-pocket expenses, including expert reports) may be dealt with in one of two ways.

Most commonly, the lawyers will absorb the cost of disbursements. The lawyers may seek funding assistance from the Class Proceeding Fund, which may provide funding for disbursements if granted.

In some cases, disbursements may be funded by the class members, including the class representative. This typically occurs in smaller class actions brought on behalf of an organization or network of individuals where each member of the class is easily identifiable and known to the representative plaintiff. If the class action is successful, amounts advanced for disbursements are re-paid from the proceeds of any judgment or settlement to class members (and others).

Only the class representative may be liable for costs of the common issues portion of the action if it is unsuccessful.

A “payout” or an award for damages is never certain.

The action may settle or it may proceed to trial, at which time a judge will determine the amount of damages, if any, to which the class members are entitled to. Regardless, the amount of “payout” cannot be predicted, and we cannot predict when the action may settle or when the trial will conclude.

If the lawsuit is certified as a class action, you will receive a formal notice from the court explaining the nature of the case and providing you with the opportunity to opt out if you wish. General information about the lawsuit will be posted on Sotos LLP’s website at

We ask that you keep a copy of any documents, correspondences, records, invoices, receipts, etc. that you feel might be relevant to your individual claim in the class action. If there is a “payout,” this documentation may be required in order to support your claim for compensation.

It is not required that you send any documents to us at this time.

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