The controversial ArriveCAN app is at the centre of a new class-action lawsuit that claims it led to the wrongful quarantine of thousands of travellers at the Canadian border.
In a statement, Consumer Law Group — a Canadian class-action law firm — alleges that the ArriveCan was “negligently contracted, developed, and implemented” and resulted in over 10,000 travellers “being subjected to an unlawful quarantine upon arrival at a port of entry” due to issues with the app.
The class-action application has been filed against the attorney general of Canada.
The government introduced ArriveCAN in April 2020 during the COVID-19 pandemic. The app was made mandatory for travellers entering Canada and intended to hold users’ contact information, travel plans, and proof of vaccination.
Since its launch, things have not gone well for ArriveCAN, as it’s faced a myriad of user complaints and public backlash, especially for the whopping $59 million it cost to build the app.
ArriveCAN has also been at the centre of an ongoing government scandal. A report recently published by Canada’s auditor general revealed myriad issues and oversights with spending, contracting, and management.
The firm seeks to represent anyone who travelled to Canada between November 21, 2020, and October 1, 2022, who either used or attempted to use the ArriveCAN app and was “wrongly instructed to isolate themselves and monitor for signs and symptoms of COVID-19 despite being otherwise quarantine exempt where they submitted or attempted to submit the required documentation to Canada Border Services Agency.”
Quebec residents E. Sabbag and D. Rossner were named as the two main plaintiffs in the suit.
The statement of claim alleges the pair were unable to access the ArriveCAN app on their smartphones before returning to Canada by land after travelling to New York in May 2022.
When they tried to explain the issue to the Canadian border agent, they were allegedly instructed to quarantine despite attempting to show their proof of vaccination.
The statement of claim says that in order to be allowed out of mandatory quarantine, the pair had to wait for the results of a COVID-19 test.
Sabbag’s results took a week to come back, and Rossner’s were returned in about four days. As a result of having to wait for their tests, both men had to miss personal commitments and trips.
“Both Plaintiffs had to reorganize their lives as they would have seen friends and family,
gone outdoors, gone grocery shopping, and generally had a life outside of their quarantine
residence during the period during which they were subjected to a wrongful quarantine,” reads the statement of claim, adding that they also “suffered pain … stress, trouble and inconvenience.”
The suit argues the decision to order the mandatory quarantine of Sabbag, Rossner, and other class members infringed on their charter rights.
A judge still needs to make a ruling that determines that the case is certified and can proceed through the courts as a class action.
Those who wish to join the class action or learn more can do so here.
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