Family and Children’s Services of Lanark, Leeds and Grenville v. Cooperators General Insurance Company, 2021 ONCA 159

INTERVIEW with Director of Service for Family and Children's Services of Lanark Leeds and Grenville

2021: COURT OF APPEAL FOR ONTARIO Court orders FCSLLG pay legal costs to the Co-operators Insurance Company in the amount of $45 000 dollars after first falsely claiming they were hacked. (now FCSLLG want everyone to think it was Laridae's fault their website/board portal had no security at all...) CITATION: Family and Children’s Services of Lanark, Leeds and Grenville v. Cooperators General Insurance Company, 2021 ONCA 159 DATE: 20210315 DOCKET: C68449 and C68460 Page: 9 (b) FCS’s third-party claim against Laridae [21] On May 28, 2018, FCS commenced a third-party claim against Laridae, seeking general and special damages, and contribution and indemnity for liability arising from the class action. FCS alleges that Laridae was negligent in providing advice and professional services and breached its contractual obligations to FCS. [22] FCS claims its website was designed to be secure and password protected, so that FCS could upload documents intended for authorized users. [23] FCS alleges that on or about February 11, 2016, it learned that an unauthorized internet user obtained a number of non-public documents from the secure section of the FCS website. The unauthorized user posted screenshots of the confidential personal documents to a video on YouTube. [24] FCS alleges that Laridae advised FCS that it had “enhanced the security features of the [w]ebsite” and that it had “added two additional security features to the [w]ebsite, which were sufficient to prevent Internet users from obtaining unauthorized access to documents” in the secure section. Notwithstanding the repairs, in April 2016, a second incident took place whereby a hyperlink to the Report was posted on Facebook accounts. [25] FCS advanced both a breach of contract claim and a negligence claim. Particulars of the negligence claim advanced by FCS against Laridae, reproduced from para. 17 of the statement of claim, are as follows: :::::: DISPOSITION: Page: 37 [109] For the above reasons, I would allow the appeal and hold that Co-operators has no duty to defend either the class action or the third-party claim. [110] I would award costs to Co-operators in the amount of $15,000 for the appeals and $30,000 for the applications, as agreed by the parties. Released: March 15, 2021 “A.H.” “J.A. Thorburn J.A.” “I agree. Alexandra Hoy J.A.” “I agree. David Brown J.A. https://www.ontariocourts.ca/decisions/2021/2021ONCA0159.pdf You can find the whole story here: https://www.amazon.com/dp/B08ZHKM4B4/ref=sr_1_fkmr0_1?dchild=1&keywords=affidavit+of+a+small+fish&qid=1616117816&s=books&sr=1-1-fkmr0 2021: NEW!! – the parties have reached a proposed settlement of this lawsuit. The parties will appear before The Honourable Mr. Justice C. MacLeod (by Zoom) on May 3, 2021 at 10AM for Settlement and Class Counsel Fee approval. Details of the proposed settlement will be provided here in the near future. Notice of the motion and proposed settlement will be provided to class members by direct mail and local newspaper publications. http://www.casprivacybreach.com/whats-new/ https://www.canadianunderwriter.ca/insurance/class-action-filed-privacy-breach-one-ontario-childrens-aid-office-1004089691/ 2020: CAS whistleblower acquitted. It was Kelley Denham, 32, who blew the whistle on the website’s absence of security and in February 2016 posted some documents online that the board of the children’s aid agency considered confidential. She wanted the children’s aid society to take it down, and for her trouble, the agency called Smiths Falls Police. After a four-month investigation, Denham was charged with hacking and identifying children involved in court proceedings, when in fact she did neither, and earlier this week Ontario Court Justice Charles D. Anderson acquitted her of all charges and cleared her name after trial. The judge noted that the CAS did not take appropriate measures to secure private information. The judge also noted there were no special computer skills or deception required to access the files, which were not marked as confidential and came with no warnings or disclaimers. The information was publicly available, the judge ruled. He said there was no hacking and Denham didn’t break any Children’s Aid Society (CAS) laws about identifying children involved in court proceedings. https://www.recorder.ca/news/local-news/cas-whistleblower-acquitted https://www.canliiconnects.org/en/summaries/73734 https://www.canlii.org/en/on/onca/doc/2021/2021onca159/2021onca159.html 2015: Perth, ON. Canada. Kelley Denham hosts a Canada Court Watch public info session with Vernon Beck on dealing with the Children's Aid Society and shares the video on YouTube. https://youtu.be/8j7C9UhYUM0 INTERVIEW with the former Director of Service for Family and Children's Services of Lanark Leeds and Grenville. https://youtu.be/kq6JCx5FlfA 2016: FCSLLG alleges their website/board portal was hacked and a list of their "client" names had been posted on Facebook. Names of 285 people referred to children's aid in Lanark, Leeds and Grenville posted online. https://ottawa.ctvnews.ca/names-of-285-people-referred-to-children-s-aid-in-lanark-leeds-and-grenville-posted-online-1.2865944 2016: Kelley Denham is called to the Smiths Falls Police station, arrested, interrogated and charged then released on the condition she owned no devise capable of connecting to the internet.. You can watch the interrogation video here: https://fb.watch/4kiC7aWkDF/ You can find Kelley's story here: https://www.amazon.com/dp/B08ZHKM4B4/ref=sr_1_fkmr0_1?dchild=1&keywords=affidavit+of+a+small+fish&qid=1616117816&s=books&sr=1-1-fkmr0 2016: Class action filed after privacy breach at one Ontario children’s aid office https://www.canadianunderwriter.ca/insurance/class-action-filed-privacy-breach-one-ontario-childrens-aid-office-1004089691/ 2017: MEET SUN WAI, ANOTHER UNREGISTERED ONTARIO CHILD PROTECTION SOCIAL WORKER… https://fb.watch/4kLYA5clgu/