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CDHA Privacy Breach

Moore & Schinold v. Capital District Health Authority 

Nova Scotia Supreme Court File: Hfx No. 390420 

A Notice of Action and Statement of Claim were filed on April 5, 2012.

Various amendments to the claim have been filed, most recently on February 18, 2016.

The case was certified as a class proceeding on March 4, 2016.

The deadline for members of the class to opt-out of the action was June 30, 2016.

On February 14, 2012, the Capital District Health Authority (CDHA), based in Halifax, Nova Scotia, issued a statement advising that they were in the process of contacting 105 patients who were subjected to a breach of confidentiality with respect to their medical records.

After a lengthy audit, it was determined that the personal medical information of these 105 patients was improperly accessed by a former employee of the CDHA. The former employee had also accessed personal information of another 15 patients on previous occasions.

While the CDHA has apologized to the individuals that had their sensitive and personal information inappropriately accessed, and are initiating steps to avoid similar incidences in the future, the fact that the records were easily accessed and viewed in an improper manner is of grave concern.

The protection of sensitive, personal and private information must be ensured and is expected to not be subject to improper access. This is especially so when it concerns hospital and medical records of patients. These individuals have a right and an expectation that this information is private and only to be used for the purposes of any medical treatment they may receive. The mere fact that these sensitive and private records were so easily accessible for untoward purposes is a highly offensive invasion of privacy.

On April 5, 2012, Wagners Law Firm filed a proposed class proceeding with the Nova Scotia Supreme Court on behalf of those patients who suffered a breach of their personal data.

  • Update – March 4, 2016

    The Honourable Justice Rosinski has confirmed the consent certification of this class action.

    A copy of the Order granting certification may be viewed under the Court Documents tab. 

  • Update – February 19, 2016

    On today’s date, our co-counsel sent correspondence and documentation to the Nova Scotia Supreme Court concerning the privacy breach at the Capital District Health Authority.

    Counsel for the Defendants have consented to the certification of the lawsuit as a class proceeding.

  • Update – February 2, 2016

    Our co-counsel, Robert Pineo of Patterson Law, is continuing to work with counsel for the Defendants to narrow any outstanding issues and to refine the process as this file progresses. 

    We will post further updates and news once further events transpire.

  • Update – December 10, 2015

    The certification hearing which was scheduled to be heard before the Honourable Justice Rosinski on December 9 & 10, 2015 did not proceed as previously scheduled.

    Discussions with opposing counsel are proceeding in an effort to narrow the issues involved with respect to certification. Justice Rosinski has asked that counsel keep him apprised of the status. 

    Updates will be posted here as events progress.

  • Update – July 21, 2015

    The case management conference proceeded on June 23, 2015 before the Honourable Justice Wood.

    Justice Wood set down the following schedule and deadlines with respect to the Plaintiffs’ motion to certify the proceeding as a class action:

    • July 10, 2015 – Notice of Motion & Affidavits re: Certification
    • August 14, 2015 – Defendants’ Affidavits re: Certification
    • September 30, 2015 – Completion of Cross-Examinations
    • November 4, 2015 – Plaintiffs’ Brief re: Certification
    • November 25, 2015 – Defendants’ Response Brief re: Certification
    • December 2, 2015 – Plaintiffs’ Reply Brief
    • December 9 – 10, 2015 – Hearing of Motion for Certification

     

  • Update – May 5, 2015

    Correspondence from the Honourable Justice Rosinski was received today concerning the scheduling of a case management conference to schedule dates for the hearing of the Plaintiffs’ motion to certify the class proceeding.

    The Case Management Conference will be held on June 23, 2015.

  • Update – March 27, 2015

    Due to scheduling issues and the Court’s availibility, efforts continue to schedule a case management conference in this matter.

  • Update – January 22, 2015

    On today’s date Wagners sent correspondence to the Honourable Justice Rosinski requesting a case management conference to schedule dates for the hearing of the Plaintiffs’ motion to certify the class proceeding.

  • Update – January 14, 2015

    Our co-counsel on this class action are attempting to obtain dates for the hearing of a motion to obtain certification of the class proceeding.

    A case management conference will be scheduled with the Court for the setting of a filing schedule and hearing dates.

    Copies of all documents related to certification will be uploaded under the Court Documents tab.

  • Update – December 22, 2014

    Our co-counsel at Patterson Law have today sent correspondence to the Court with respect to availability for the scheduling of the Plaintiffs’ motion for certification.

  • Update – July 16, 2014

    Wagners are now working cooperatively with the Patterson Law firm who had filed a similar proceeding concerning the privacy breach at the Capital District Health Authority.

    Our proceeding and the Patterson Law suit have been consolidated and will proceed as one action.

    A copy of the Amended Statement of Claim is available for viewing under the Court Documents tab. 

  • Update – December 5, 2012

    The Honourable Justice Rosinski has invited counsel to prepare an agenda for discussion during a future case management conference. Once a date has been assigned for the conference, we will update this page with the scheduled date.

  • Update – August 1, 2012

    The Honourable Justice Peter Rosinski has been assigned to case manage this proceeding.

  • Update – July 12, 2012

    Wagners have sent correspondence to the Supreme Court of Nova Scotia to request that a Case Management Judge be assigned to this proposed class proceeding. Once a Judge has been assigned we will update this News page with further information.

  • Update – April 10, 2012

    On April 5, 2012, Wagners filed their Notice of Action and Statement of Claim with the Supreme Court of Nova Scotia on behalf of those individuals who have been subjected to the inappropriate breach of their private medical files. 

    A copy of the claim may be viewed under the Court Documents tab. 

The following documents concerning the class action which Wagners has filed as a result of the privacy breach which occurred at the Capital District Health Authority are available for viewing in PDF format:

Wagners is presently accepting enquiries from individuals affected by the Capital District Health Authority privacy breach.

If you, or a member of your family, have received a letter from Capital District Health advising that your personal medical records have been inappropriately accessed, you may be eligible for inclusion as a Class Member in our proposed class action lawsuit.

To sign up and determine if you qualify, please fill out this registration form:

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I have had the privilege of dealing with Wagners Law Firm for approximately 12 years and have nothing but praise for them. They all are very professional. They always put me at ease when talking to them and answered all my concerns, never too busy to return a phone call and informed me of all decisions. These are probably some of the reasons that they were chosen number 1 for 2019 lawyer of the year.read more
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Thank you and your excellent staff for what you have done for the people of Miramichi and myself.It was a long process, so I congratulate you on your tenacity and willingness to see this through.I have great respect for your staff: Ches, Vic, Richard, Maddy and members of your team. They have been extremely helpful guiding me through this long and tedious process.I highly recommend your law firm to represent physically or mentally injured people for a class-action lawsuit.read more
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08:27 25 May 19
An online search led me to Wagners Law Firm at a point in my life where I needed help. Best decision of my life.  The staff here are second to none. My medical malpractice was made so much easier with the Knowledge and professionalism of Ray Wagner and Kate Boyle. I highly recommend this firm for their dedication and especially for making you feel at ease with the entire process.read more
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Wagner's is the best Law Firm I have dealt with, Lisa Wagner and her Assistant, Kelly Wasson, could not have treated me better. Their professionalism was impeccable. I was treated with the most kindness and respect. Whenever I had a question I was given an answer within that day. I was always kept up to date on my file and felt very comfortable in the way they took care of me. I wish to extend my utmost appreciation for all they have done and would recommend them to everyone. Thank you again, Lisa and Kellyread more
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19:16 22 Feb 19
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A. Christine Little
02:09 18 Feb 19
I could not have made a better choice for representation in my personal injury case.The team at Wagners are very thorough, experienced and experts in their field of practice.Throughout the process, I was always kept up to date and they always took the time to explain what was entailed in the process and the timeline for such cases.In particular I would like to thank Loreatha Boehner for her expert counsel and negotiating skills and bringing my case to a successful conclusion.read more
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15:29 05 Feb 19
5 years ago Ray was recommended to me. I contacted him and he took my medical malpractice case on. Although I was in Cape Breton, Ray met with me on several occasions. He was very professional and the staff took care of me in an excellent way throughout the entire process.When you get hurt in a catastrophic way like I did, taking on legal action is very scary. The process of medical malpractice litigation can be very draining and disturbing to a person. The legal process was very unknown to me. I believe there should be more people like Ray, Kate and Krizia. They went above and beyond. Ray has a great sense of responsibility to his clients.I only saw parts of the legal process but I know they make it a lot easier for people. I am overwhelmed by the kindness and patience of Ray and his entire team.read more
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01:10 30 Jan 19
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07:58 15 Jan 19
After my accident I was getting nothing but a run around from my insurance company, that is if I could actually get them to answer an email or return a phone call.  I was getting so frustrated that I would just break down and cry.  My father in-law told me it was time for a lawyer. I don't know why I didn't think of it.  Oh wait I do, my insurance company told me that they would take care of me.  Lie number one, they also told me they wanted to take care of everything as quickly as possible so that my life wouldn't be that disrupted. Lie number 2. I did my homework to find someone who would best represent me.  I contacted Wagner law threw their live chat, thank god for live chat because I was in bed in a lot of pain and found it hard to sit and even talk on a phone. they paired me with a member of their firm right away.  I think my lawyer Lisa Wagner was sent from god himself.  I had a lot of questions and she answered every one of them for me and also advised me on a lot of things I didn't know of.  Its because of her i got into see all the right medical professionals and finally started on the road to recovery.  It was a long hard battle but Lisa helped me threw it all.  She was amazing, caring and I truly felt her compassion for me and what I was going threw.  We only met face to face a few times, due to living in different province's, every time we did it was like sitting with an old friend. I would and do recommend Wagner Law to everyone I hear may need a Lawyer and tell all my friends and family if they ever need a lawyer to contact Wagner's. The most stars I'm able to give them is 5 but i think they deserve a 10. Thank you all for everything you have done to help me and my family.  We truly couldn't have got threw this without you.read more
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05:57 15 Jan 19
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02:03 15 Jan 19
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16:11 19 Jan 18
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16:29 03 May 17
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12:03 06 Oct 16
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11:30 06 Oct 16

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