Class Action

Lost USB Key Class Action


February 1, 2013 - Class Action Launched

A class action has been commenced against the Government of Canada for losing the confidential personal information of 5000 applicants for Canada Pension Plan disability benefits, old age security benefits, employment insurance, child care tax credits and other benefits.


The Charney Group, along with the law firms of Sutts, Strosberg LLP, Branch MacMaster LLP, and Bob Buckingham Law, have commenced a national class action on behalf of all persons whose private information was lost by the Government due to this incident. 


Affected people may be entitled to compensation for the breach of their privacy, damages for identity theft and/or damages to their credit reputation, damages for the costs incurred to prevent identity theft, damages for the time spent changing your personal information, damages for emotional distress/inconvenience, and/or compensation for out of pocket expenses. 

A class action will allow everyone who has sustained damages to band together in one lawsuit across Canada against the Government of Canada.

February 25, 2013 - The Office of the Privacy Commissioner of Canada has expanded the scope of its investigation into the loss of a USB storage device to include the Department of Justice Canada.  The Privacy Commissioner has found that a Justice Canada employee may have been involved in the loss of the device.

Click here for a copy of a letter from the Privacy Commissioner.


If your personal information was contained on a USB key which was lost by the Government of Canada and you wish to participate in the Class Action and be included in our Class Action database, please go to

There is no financial obligation to register. Once you register we will notify you of all important developments via email. See Class Action Fees.

The Charney Practice Group is experienced in litigating class actions including national class actions.




The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Charney Lawyers. The court will ultimately decide who will be included as a class member.

This website will be updated from time to time to provide potential class members with information as it becomes available.



"Justice Department investigated for data loss" CBC/The Canadian Press. February 25, 2013.

"Sensitive info in whose hands?" The New Glasgow News. February 25, 2013.

"Privacy watchdog's probe of data breach widens to second federal department" February 25, 2013.

"Privacy watchdog expands probe over lost USB key to include justice department" The Toronto Star. February 25, 2013.

"Missing CPP applicants information investigation expands to Department of Jutice." Global News. February 25, 2013.


"Concern mounts among those affected by federal government privacy breach". The Star. December 29, 2012.


Case Law

Jones v. Tsing The Ontario Court of Appeal recognized a cause of action for "intrusion upon seclusion" in Ontario. 





"Charney... is unquestionably qualified to act as counsel.”


                          Ison T Auto Sales v. Zurich Insurance

          Ontario Court of Appeal, November 25, 2011

(Ted Charney acted for Ison T Auto Sales i.e. Toronto Honda on the appeal)



“The Whiting Group Counsel Team consists of 11 law firms from 7 provinces across Canada and includes some of the most experienced class action firms in Canada with a broad range of experience in class actions with particular expertise in product liability class actions and personal injury. Four of these law firms are in Ontario where the action will be based and includes counsel who are very experienced in class action litigation and have the resources and experience to advance this claim in Ontario or on a national scale. This fact favours the Whiting Group.”

Whiting et al v. Menu Foods Income Fund [2007]

(The Charney Group of Lawyers was a member of the Whiting Group and appeared as counsel on the motion to decide carriage)



“The Settlement Agreement in the case at bar has undergone the court's scrutiny, and it appears to me that in entering into the Settlement Agreement and in seeking certification on consent for settlement purposes, the plaintiffs and the defendants, with the assistance of their legal counsel, have provided the social good of access to justice and adequate compensation in accordance with Canadian law for perhaps thousands of citizens who may have been harmed by the Listeriosis outbreak...”

Bilodeau v. Maple Leaf Foods Inc. [2009]

(The Charney Group of Lawyers represented Ms. Bilodeau for this class action)



“Although I am not formally required to approve it, I believe it is relevant that, when the risks and expenses of continuing the litigation are considered, the settlement appears to fall well within a zone of reasonableness.”

Yordanes v The Bank of Nova Scotia, December 2006 

(The Charney Group of Lawyers were counsel for Yordanes)