What was the problem with carrying on and trying to get the action certified as a class action?

In all, we consulted with a number of experts to try to see if we could argue that gathering enough personal information would amount to a privacy breach. That would ultimately be a novel argument. Courts have generally held in Ontario that the Plaintiff is required to show that there was a breach of private information that is not simply personal information in the public domain and that there is also harm, as in damages. That meant it was risky to proceed with the action.