NEW: The motion for settlement approval was heard on February 22, 2018. On May 18, 2018, the Judge approved the settlement. Please continue to monitor this website for instructions about how to make your claim for compensation. The forms are not yet available but should be available in the coming weeks.
The parties agreed to settle this class action for $17.5 million, subject to court approval. For those Class Members who allege that they suffered financial harm arising from the loss of their personal information, the defendant has set up an UNLIMITED FUND in addition to the $17.5 million, and an Arbitrator will assess those claims individually. Class Counsel will not be paid a fee from any amounts paid out from the unlimited fund. Click here to review the Settlement Agreement. Click here to review the Notice of Proposed Settlement in English. Click here to review the Notice of Proposed Settlement in French.
1. After almost five years of prosecuting this class action including contested motions for certification in the Federal Court of Canada and the Federal Court of Appeal, subject to court approval, the parties agreed to settle the action for $17.5 million, plus an unlimited fund for Class Members who suffered actual provable damages.
2. The parties signed a Settlement Agreement. Click here to review the Settlement Agreement. Click here to review the Notice of Proposed settlement in English. Click here to review the Notice of Proposed Settlement in French.
3. The $17.5 million fund will be used to compensate the Class Members for the inconvenience associated with the loss of their personal information capped at a maximum of $60 per Class Member, plus Class Counsel fees, disbursements and taxes thereon, and the costs to administer the settlement.
4. An additional unlimited fund will be available for those Class Members who suffered actual provable losses. The Court will appoint an Arbitrator who will decide whether each individual Class Member who applies to the fund can be awarded damages. Class Counsel will not be paid any fees from the additional funds.
5. On May 18, 2018, the settlement was approved. Click here to review the Reasons of the Court. The forms to claim for compensation will be available in approximately 30 days. Due to the high volume of inquiries, counsel will not be able to respond to individual inquiries.
6. Click here to review the answers to Frequently Asked Questions about the settlement.
7. The history of this action follows:
8. On January 11, 2013, the Minister of Human Resources and Skills Development announced that an external hard drive containing the private details of some 583,000 Canadians went missing. According to the press release, the Government of Canada has known about this since November 5, 2012.
9. The law firms of Sutts, Strosberg LLP (now Strosberg Sasso Sutts LLP) , Charney Lawyers and Branch MacMaster LLP commenced a proposed class action against the Attorney General of Canada on behalf of all persons whose information was lost. Bob Buckingham Law also commenced a proposed class action against the Attorney General of Canada with respect to the same matter. The four law firms have agreed to work together. Two other law firms, Jensen Shawa Solomon Duguid Hawkes LLP and Siskinds LLP commenced proposed class actions against the Attorney General of Canada with respect to the same matter, but each agreed that those actions would be stayed.
10. An announcement made in a government posting February 19, 2013 said, in part:
Please be advised that the electronic storage device containing personal information of 583,000 Canada Student Loan borrowers who were clients of the Canada Student Loans Program (CSLP) from 2000-2006 also contained personal information of affected clients who fall outside the 2000-2006 period. Of the individuals affected, 2,800 fall outside the 2000-2006 period and of those 2,600 are in 2007. The department has already communicated with over 1,600 of these affected borrowers. Efforts continue to locate current contact information for all affected borrowers.
11. The certification hearing took place on December 17 and 18, 2013 at the Federal Court, in the City of Toronto, Province of Ontario.
12. On March 17, 2014, this action was certified as a class action by the Federal Court. Click here to review the reasons of the court. The decision was under appeal. On July 6, 2015, the Federal Court of Appeal released its decision in favour of the plaintiffs. Click here to review the reasons of the court. Click here to view the Order (Certification). Click here to view the Notice of Certification in English. Click here to view the Notice of Certification in French.
13. We will continue to update this website as developments occur.
14. If you would like to know more about how a class action works, please click here.
This website provides general information to class members on a class action commenced against the Attorney General of Canada. The court will ultimately decide who will be included as a class member.
The information collected about class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you a client of Strosberg Sasso Sutts LLP.
The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.
This website is updated from time to time to provide class members with further information.