Doan v. Clearview AI Inc., 2025 FCA 133
Justice Boivin; Justice Locke; Justice Walker - 2025-07-16
Read full decision. Summary prepared by Alan Macek:
The appellant, Ms. Doan, appeals from an order of the Federal Court 2023 FC 1612 dismissing her motion to certify the underlying action as a class proceeding pursuant to Rule 334.16(1) of the Federal Courts Rules. The certification judge concluded that Ms. Doan had not established some basis in fact that there is an identifiable class of two or more persons in the proposed proceeding and, accordingly, had not satisfied Rule 334.16(1)(b). ... In summary, I find that the certification judge erred in concluding that the proposed query method to identify Class Members transforms the underlying action into an opt-in scheme. I also find that the certification judge omitted to fully examine whether or not the evidence demonstrates some basis in fact of a workable method to identify Class Members (as currently defined) before the end of the opt-out period. This omission, together with the certification judge’s error regarding the opt-in issue, necessitate this Court’s intervention. I would, therefore, allow Ms. Doan’s appeal without costs, set aside the FC Order and return her motion for certification to the Federal Court.
Decision relates to:
- A-341-23 - HA VI DOAN v. CLEARVIEW AI INC. which is an appeal from 2023 FC 1612 in T-713-20