Privacy Commissioner of Canada v. Facebook, Inc., 2023 FC 94

Associate Justice Tabib - 2023-01-19

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In this court decision, the respondent, Facebook Inc., brought a motion to strike portions of the application record filed by the applicant, the Privacy Commissioner of Canada (OPC). The material in question included portions of a transcript, documents marked as exhibits, and references to these in the OPC's record. Facebook also made an oral motion to strike an additional document marked as an exhibit during cross-examination. The OPC brought its own motion to serve and file a memorandum of fact and law of extra pages. The court considered the applicable law regarding motions to strike and referred to case law on interlocutory motions to strike affidavits. The court found that the issues raised in this motion were exceptional and required retrospective review of the procedural history and consideration of previous rulings. The court also noted that the OPC's Memorandum of Fact and Law had been communicated to the court, allowing the court to determine the purpose for which the impugned evidence would be used. The court ultimately granted Facebook's motions to strike and dismissed the OPC's motion. The case was an application commenced by the OPC against Facebook regarding alleged contraventions of the Personal Information Protection and Electronic Documents Act (PIPEDA) in relation to the Cambridge Analytica scandal.

Decision relates to:



Canadian Intellectual Property