Does TransUnion have the ability to recover damages from a data breach?

TransUnion did not raise this submission in its factum. However, at the hearing, it relied on the decision of Perell J. in Del Giudice v. Thompson, 2021 ONSC 5379, in which he concluded that the proposed class of individuals who were subject to a data breach could not recover damages. Perell J. held that “the overwhelming majority of the six million Canadians will suffer no injury at all and for the minority who do suffer harm their losses will be pure economic losses. However, tort claims for pure economic losses are only available in rare circumstances”: at para. 226.