Class Action:
Western Regional Health Authority


 

Notice of Certification of the Western Regional Integrated Health Authority Privacy Class Action

 

Published: December 3, 2020

 

The class action has now been certified to proceed on the basis of claims under negligence, contract, and both statutory and common law privacy grounds. A copy of the certification order can be seen by clicking the button below.

The claims have yet not been proven in the law. We are presently reviewing the Defence and documentary evidence provided by Western Health. The process of discovering witnesses has also begun.

Schedule A of the certification order explains the process whereby a class member (one of the 1043 individuals who received a letter from Western Health advising of breach of patient confidentiality) participates in the action. It also sets out the process to opt out. You can read the Notice below.

Although no action need be taken at this time to remain a part of the class action, we are interested in hearing from anyone affected by any breach of patient confidentiality or other invasion of privacy at Western Health. We encourage you to contact our firms:

 

Bob Buckingham Law                                  Brothers & Associates Law Office
81 Bond Street                                               89 West Valley Road
St. John’s, NL                                                 Corner Brook, NL
A1C 1T2                                                         A2H 2X4

This email address is being protected from spambots. You need JavaScript enabled to view it.                                 This email address is being protected from spambots. You need JavaScript enabled to view it.

The statutory and common law relating to breach of privacy is a new area of law. It is important to us that we understand the impact of the breach of privacy on our clients. This will assist us in explaining to the court the meaning and legal significance of invasion of privacy relating to medical and other personal information. We have prepared a questionnaire that we will provide to each claimant who contacts us. We look forward to hearing from any and all of the 1043 individuals affected by the privacy breach at Western Health.

To view the Certification Schedule – A - click here

To view the Certification Order – click here

To view the Opt-Out Form - click here

 

 

December 17, 2013

The Certificication Hearing scheduled for December 5 and 6, 2013 has been postponed.  Further dates will be posted in January, 2014.

Previous Update

On Friday, August 17, 2012, Ms. Barbara Hynes of Corner Brook, a victim of the privacy breach admitted at the Western Regional Health Authority, formally issued a class action statement of claim against the health authority, paving the way for other victims to follow. Read the press release and the original letter that Ms. Hynes received from Western Health below.


Class Action Participation

If you have received notification from any one of the province's four health authorities that your private medical records were breached, you can register to be part of the appropriate class action by clicking the button below.

Class Action Registration Form

Available for Download

PDF

Press Release - Western Health
Download File

PDF

Statement of Claim - Western Health
Download File

PDF

Letter to Barbara Hynes from Western Health
Download File

PDF

September 8, 2012 - Western Health - Class Action Order
Download File


Note: If you have been affected by this privacy breach, it is important that you complete a Privacy Complaint Form and submit it to the province's Privacy Commissioner.

PDF

Privacy Complaint Form (from the Office of the Information and Privacy Commissioner of NL)
Download File