The Claims
This claim arises from the discovery of unauthorized access to the Starwood network guest reservation database going back to 2014, affecting approximately 500 million guests. The information contained in the database includes hotel guests’ passport numbers, credit card information, dates of birth and mailing addresses and the proposed class action has been brought on behalf of all Canadians who stayed at a Starwood hotel property anywhere in the world between 2014 and 2018.
The Class
All Canadian residents whose Personal Information was accessed by unauthorized parties in or as a result of the data breach that was publicly disclosed by Marriott on November 30, 2018.
Updates
- On December 3, 2018, the Petitioner Won Kil Bai filed an Application to Exercise a Class Action and to be Appointed as Representative Plaintiff at the Superior Court of Québec.
- On December 20, 2018, a Statement of Claim was filed at the Ontario Superior Court of Justice in Winder v. Marriott International Inc. et al. on behalf of a national class.
- On May 29, 2020, counsel in the Winder Action and counsel in the Poulin Application, having agreed to prosecute this litigation jointly, amended the pleading in the Winder Action. The Poulin Application was subsequently stayed.
- On January 17, 2022, following a Rule 21 Motion, Justice Perell ruled that there was no cause of action against the Defendants under the tort of intrusion upon seclusion. This decision was affirmed by the Court of Appeal, leave to appeal denied by the Supreme Court of Canada. Statement of claim amended to remove the tort of intrusion upon seclusion.
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