North Bay Hospitals Privacy Breach

Frequently-Asked Questions

What Is A Class Action?

A class action is a form of civil action where one or a few plaintiffs can sue a defendant or a number of defendants on behalf of a larger group of people who claim the same type of loss from the same defendant or group of defendants. Instead of starting separate lawsuits or having each plaintiff named in the case, the representative plaintiff can pursue the claim on behalf of the class.

What Is This Class Action About?

A court action was commenced in the Ontario Superior Court of Justice in North Bay, Daniells v. McLellan et al., Court File No. CV-13-5565-CP as a proposed class action seeking damages on behalf of all patients and former patients of the North Bay General Hospital, the Northeast Health Centre, and the North Bay Regional Health Centre, whose privacy was breached by Melissa McLellan, a registered nurse that worked at the North Bay Regional Health Centre.

Who Commenced This Class Action?

The action was originally commenced by one of the representative plaintiffs, Sherry-Lynn Daniells, after she discovered the breach of her personal health information, triggering a larger investigation by the North Bay Regional Health Centre resulting in the discovery of the scope of the personal health information breaches by Melissa McLellan.

The other representative plaintiff, Andrea Kendall, then joined the class action as a representative plaintiff to assist in representing the class.

Who Is Included In The Class?

The class, as determined by the Court, includes all patients of the North Bay Regional Health Centre whose personal health information was accessed by Melissa McLellan without their consent, while Melissa McLellan was not involved in their care.

Most members of the class would have received a letter from the North Bay Regional Health Centre around September, 2011, notifying them that their personal health information had been breached. There is a chance that some class members did not receive this letter while still being part of the class.

Am I On The List?

There is no list at this time and no class member is required to do anything to join the class action. All class members are automatically part of the action. Individuals who already know that they are a class member can contact us to provide our office with current contact information so we may provide them updated information on the class action.

If I Didn’t Receive A Letter Can I Still Be Part Of The Class?

If you did not receive a letter around September, 2011, from the North Bay Regional Health Centre, you may still be part of the class.

How Can I Get More Information?

If you would like more information, please contact our office via telephone at 705-478-8200 or email us at privacybreach@larmerstickland.com.

If you would like to receive regular updates, please provide us with your contact information by emailing us at privacybreach@larmerstickland.com and indicating that you would like to receive updates via email.



At This Time, Do I Need To Do Anything?

At this time, if you want to remain as part of the class, it is not necessary to do anything. If you want to opt out of the class, however, you will need to submit an Opt Out Form via mail, fax or email by October 1, 2018 to:

Larmer Stickland P.C.
401 – 101 Worthington Street East
North Bay, ON, P1B 1G5

Facsimile Number: 705-478-8100
Email address: privacybreach@larmerstickland.com

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