NCIX Data breach - Class action update

[SirRemog]

In a disappointing decision on December 27, 2018 BC court ruled to dismiss the Class Action lawsuit filed against the NCIX, its landlord and the company responsible for auctioning off the old equipment. The original lawsuit was stayed because NCIX was bankrupt. The Judge in the case refused to grant leave for the plaintiff to sue the trustee, Bowra Group, citing 'unreliable' proof of data breach. 

 

The Judge in the case had cited a significant number of deficiencies in the evidence presented amounting most of it to hearsay and belief (as not fact). 

 

At the same time, an RCMP case opened to investigate the breach was closed without charges being recommended. 

 

The plaintiff's lawyer had intended to proceed with a modified version of the proposed class action against the auctioneer and NCIX's landlord. However, due to the ruling by the judge, it would not be possible to submit a modified case, saying he "has not acknowledged any deficiencies" in his evidence.

 

https://www.cbc.ca/news/canada/british-columbia/court-blocks-class-action-against-bankrupt-computer-firm-citing-unreliable-proof-of-data-breach-1.4964076

[Slottr]

Fuck our data amiright

 

Go Canadian legal system 

/s

[Guest]

Bit hard to get money from a bankrupt company tho tbf 

[PlayStation 2]

amirite

[schwellmo92]

13 minutes ago, RorzNZ said:

Bit hard to get money from a bankrupt company tho tbf 

The landlord and company auctioning the equipment were also defendants.

[Subway]

Even if you are part of the class action lawsuit, you will get <$100 compensate. Yeah, your fucking data worth less than $100, and you have to go the pain to contact your bank and sign up a credit monitoring service. 

[rawrdaysgoby]

Who is paying this exactly 

[Canada EH]

On 1/3/2019 at 8:08 PM, Slottr said:

Go Canadian legal system 

Yeaaaaa I know right. Its a fucking joke!

 

Data is worth money, simple as that. Start deleting FacePlant account NOW!

[Canada EH]

On 1/3/2019 at 8:41 PM, RorzNZ said:

Bit hard to get money from a bankrupt company tho tbf 

Not really, you just have to get in on the game as quickly as possible.

There is however a pecking order, usually the trustee pays the workers first, and the landlords, banks, so on so forth.

 

Anyone as a consumer, just bend over next to the bucket of sand!

[Thaldor]

If Canadian courts are anything like Finnish courts I would say that they didn't dismiss the class action because there was no "trustworthy" evidence about the databreach but because they simply don't want to try to solve it for it's complexity and uniquity and want to drive it to the higher courts. I would believe if this kind of case was to be brought to Finnish courts it would be driven to the highest court as fast as possible just because no one would satisfied with lower court rulings and that touches so many new areas of the law that it would require highest court ruling just because lower courts don't have the power to rule in it. Probably even if the case was only to get the trustee and the landlord to pay for the costs of getting new social insurance numbers, it would be thrown to the highest courts because there's no legistation to get new social insurance numbers because identity thefts and only the highest court could give a ruling if people can get new social insurance numbers in the first place and in these cases all of the bureaucracy costs paid by the defendants.

[Berticus]

The claim on behalf of the customers against the trustee was denied leave. They need special permission to sue the trustee through bankruptcy and it was declined.

 

This means the customers class action against the Bowra group will not be allowed.

 

They are capable of appealing this masters decision if they decide to do that.

 

They fully intend to continue to pursue action against the landlord and the auctioneer and have received a response from the landlord already. There is still hope to set a legal precedent here.

[thesweetiger]

I want to know something .

The web server we see online in august , this is the part of the server sold ?