A proposed class-action lawsuit against the federal government and Canadian Canola Growers Association over lost personal data has been quietly dropped, the Manitoba Co-operator reports.
Regina lawyer Tony Merchant, who’s well known in the field of class actions and represents the farmers who brought this suit, said it’s been discontinued because the theft does not appear to have actually harmed anyone.
“We know of no one who has suffered damage as a result of this loss,” his firm, Merchant Law Group LLP, wrote in a letter dated April 7, the Co-operator reported April 22.
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The case stems from the theft of a laptop computer from the CCGA on May 30, 2008. The computer, which contained personal and financial information on up to 32,000 canola growers in Western Canada, had been taken off-site for maintenance when the theft occurred.
CCGA immediately notified Agriculture and Agri-Food Canada but AAFC sent letters notifying affected producers “on or about June 3, 2008, more than two months after the theft,” Merchant Law Group wrote on its website.
Producers immediately worried about possible identity theft. They alleged CCGA and AAFC were negligent in allowing the theft to happen and waiting too long to inform producers.
Limited prospects
Merchant called the defendants’ actions “deplorable and, we believe, negligent.” However, he added, “the prospect of success is limited if no one has suffered any damage.”
However, he called on people who have suffered damage from misuse of their personal information to let him know. Examples include false charges on credit cards or money stolen from bank accounts, he said.
“If you have taken any cash advances through the (federal) Advance Payments Program at any time in the last five years, you should notify your bank of possible exposure and ask them to report any unusual transactions on your accounts,” Merchant Law Group said on its site.
“Ask your bank manager what other steps you need to take in order to protect your interests. You should also instruct your bank manager to put a notice of theft of personal information on your file.”
Merchant also suggested affected producers may want to contact credit reporting agencies such as TransUnion or EquiFax and advise them of the theft.
