Peterborough Regional Health Centre Overview
Sotos LLP and Spiteri & Ursulak LLP (“Class Counsel”) are co-counsel in a proposed class action against the Peterborough Regional Health Centre, Sir Sanford Fleming College, Andrea Kay, Dana Gildon Cormier, Mandy Edgerton Reid, Dawn Deciocci, Jane Doe “A”, Jane Doe “B” and Jane Doe “C”.
This action is on behalf of all patients whose confidential medical records were wrongfully disclosed, misused, accessed, and whose confidentiality agreement with the Peterborough Regional Health Centre was breached by the Peterborough Regional Health Centre, the individual defendants and/or staff members of Sir Sanford Fleming College.
This action is based on the unauthorized accessing and disclosure of confidential medical records. Specifically, in or around 2011 to early 2012, approximately 280 patient records at the Peterborough Regional Health Centre were accessed by seven employees who did not require access to the records. The individuals whose records were improperly accessed were notified of the breach by telephone or regular mail and received letters regarding the breach from late 2011 to early Spring 2012. Click here to read the statement of claim.
Class counsel will seek to certify the action at the earliest opportunity.
Peterborough Regional Health Centre Updates
- The Defendants brought a motion under Rule 21 to dismiss the Plaintiffs’ claim on the ground that the Personal Health Information Protection Act (“PHIPA”) was an exhaustive code that ousted the jurisdiction of the Superior Court to entertain any common law claim for invasion of privacy rights in relation to patient records. The Defendants’ motion was dismissed in the first instance by the Superior Court of Justice and on appeal to the Ontario Court of Appeal. On October 29, 2015, the Defendants’ request for leave to appeal to the Supreme Court of Canada was dismissed without costs.Class counsel will now seek to certify the action. Further details regarding the certification process will be provided on this website as they become available.
- The Statement of Claim was filed on March 19, 2013
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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 https://www.sotosclassactions.com.
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.