In Haskett v. Equifax Canada, the plaintiff sought to certify a class action against two credit reporting agencies. The proposed class action included a claim that the defendants negligently breached a duty to the proposed class members by reporting statute-barred debts and failing to implement procedures to remove such prohibited information from their credit reports. The defendants brought a motion to strike the claim for disclosing no cause of action. The motion judge found, at the second stage of the “Anns test”, that the two policy concerns of indeterminate liability and availability of alternative statutory remedies negated any prima facie duty.
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