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On June 20, 2019, Desjardins acknowledged the unlawful disclosure and transmission of data from 2.9 million of its members, including information such as: name, date of birth, social insurance number, address, telephone number, email, and some information about transactional habits and products held by members.

On the same day, an application for authorization to institute a class action has been filed at the Quebec City Court House by Siskinds, Desmeules, the Quebec firm affiliated with Siskinds LLP, on behalf of the members of the class described below:

"Anyone who is a member of Desjardins Group ("Fédération des Caisses Populaires Desjardins"), whose private personal information has been disclosed without authorization, because of the illegal transmission of information to third parties." **

** Illegal transmission represents the transmission by an employee of private, personal and privileged information to third parties, as disclosed on June 20, 2019.

The class definition has since been broadened to include “Any person whose personal information kept by Fédération des Caisses Desjardins du Québec were transmitted without authorization following the data breach publicly disclosed on June 20, 2019”.

The plaintiffs allege that Desjardins had at all times relevant to the facts of these proceedings, the responsibility and the obligation to adequately protect all private and confidential information held about its members and clients and that Desjardins also incurred it’s liability as principal for the wrongful act committed by it’s employee.

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Developments

Update as of September 15, 2020

The Court sets the date for the hearing on the Application for authorization

On August 31, 2020, the Court determined that hearing on the Application for authorization would be held on December 10 and December 11, 2020, at 9 :00AM, room 3.07 of the Quebec City Courthouse. It is at this point that the question of whether this action may proceed as a class action will be debated.

The Court authorizes the filing of exhibits by Desjardins

On July 20, 2020, Desjardins’ counsels filed a Motion to adduce evidence. The purpose of this motion was to obtain the authorization to file documents as evidence during the hearing on the Application for authorization of this class action.

On August 24, 2020, the Court rendered a decision authorizing Desjardins to file three documents as exhibits, namely an excerpt of it’s website, an article by the Office of the Privacy Commissioner of Canada and a letter sent to one of the plaintiffs.

The Court authorizes the amendments to the Application for authorization

On April 2, 2020, the Court rendered a decision authorizing the class counsels to file the Amended application for authorization to institute a class action. The purpose of the amendments was to take into account the numerous developments that have occurred in this matter since we first filed our initial Application for authorization on June 20, 2019, to amend the different claims for damages that are being sought on behalf of class members, and to add two proposed representatives of the class.

Update as of January 24, 2020

Siskinds Desmeules and Kugler Kandestin file an amended application for authorization to institute a class action

We sent an email to class members who have communicated with us to date in order to advise them of recent developments with respect to the Desjardins data breach class action.

In brief, on January 20, 2020, the attorneys for class members (Siskinds Desmeules and Kugler Kandestin) filed with the Court a joint Application for permission to file an amended application for authorization to institute a class action.

 

FAQs

What is a class action?

A class action is a lawsuit that is brought by one or more person on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Can I join the class action?

There are no steps required to “join” the class action. Unless you opted-out (excluded yourself from the class action), assuming you fall within the scope of the class definition, you are automatically included in the class action.

I still have a question. Who should I contact?

If you have any other questions, please email us at [email protected].

Update as of September 15, 2020

The Court sets the date for the hearing on the Application for authorization

On August 31, 2020, the Court determined that hearing on the Application for authorization would be held on December 10 and December 11, 2020, at 9 :00AM, room 3.07 of the Quebec City Courthouse. It is at this point that the question of whether this action may proceed as a class action will be debated.

The Court authorizes the filing of exhibits by Desjardins

On July 20, 2020, Desjardins’ counsels filed a Motion to adduce evidence. The purpose of this motion was to obtain the authorization to file documents as evidence during the hearing on the Application for authorization of this class action.

On August 24, 2020, the Court rendered a decision authorizing Desjardins to file three documents as exhibits, namely an excerpt of it’s website, an article by the Office of the Privacy Commissioner of Canada and a letter sent to one of the plaintiffs.

The Court authorizes the amendments to the Application for authorization

On April 2, 2020, the Court rendered a decision authorizing the class counsels to file the Amended application for authorization to institute a class action. The purpose of the amendments was to take into account the numerous developments that have occurred in this matter since we first filed our initial Application for authorization on June 20, 2019, to amend the different claims for damages that are being sought on behalf of class members, and to add two proposed representatives of the class.

Update as of January 24, 2020

Siskinds Desmeules and Kugler Kandestin file an amended application for authorization to institute a class action

We sent an email to class members who have communicated with us to date in order to advise them of recent developments with respect to the Desjardins data breach class action.

In brief, on January 20, 2020, the attorneys for class members (Siskinds Desmeules and Kugler Kandestin) filed with the Court a joint Application for permission to file an amended application for authorization to institute a class action.

 

What is a class action?

A class action is a lawsuit that is brought by one or more person on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Can I join the class action?

There are no steps required to “join” the class action. Unless you opted-out (excluded yourself from the class action), assuming you fall within the scope of the class definition, you are automatically included in the class action.

I still have a question. Who should I contact?

If you have any other questions, please email us at [email protected].

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