Desjardins Settlement

Frequently Asked Questions

    You do not need to do anything at this stage to be included in the class actions or to benefit from the settlement because the settlement agreement needs to first be approved by the court. You can learn about developments and timelines on the home page.

    • What is a class action?

      • A class action is a type of civil lawsuit where one or more people who are called "representatives" take legal action on behalf of a larger group of people who have a similar problem. The parties who launch the lawsuit are called "plaintiffs." Together, these people form a "class" and are called "class members." The parties against whom the lawsuit is brought are called "defendants." A court will rule on the legal issues that affect all class members, except anyone who chooses to opt out.
      • The law firms Siskinds Desmeules and Kugler Kandestin represent all class members in the class actions against Desjardins.
      • Class actions settle common issues that affect everyone in the class (except those who opt out). All class members are bound by the court's ruling, even if they don't participate in the legal proceedings. 

    • What is the goal of the class actions?

      • The class actions launched by the plaintiffs seek compensation for class members following the privacy breach announced by Desjardins in June 2019.
      • The parties are pleased that a settlement agreement has been reached, pending approval by the court, and that the Desjardins members and clients affected will receive compensation.
      • The compensation paid by Desjardins does not constitute an admission of liability since the allegations made in the class actions were not proved before a court of law and are still contested by Desjardins.

    • How do I know if I am part of the class actions?

      • The class includes current and former Desjardins members and clients in Canada affected by the privacy breach publicly announced by Desjardins on June 20, 2019.
      • If approved, the settlement agreement provides that class members may be eligible to receive: 
        • Up to $18 per hour for a maximum of 5 hours for time spent taking certain eligible actions to deal with the privacy breach, and/or  
        • Up to $1,000 for cases of identity theft, including the use or modification of your personal information to impersonate you without your knowledge to commit fraud
      • Full details of the eligibility criteria will be made available if the court approves the settlement agreement.  
      • You do not need to do anything at this stage because the agreement needs to be approved by the court. You can check the timeline on the home page for the full schedule.

    • What do I need to do, at this stage, to receive compensation?

      • You do not need to do anything at this stage to receive compensation because the settlement agreement needs to be approved by the court. You will be notified about the next steps in the coming months.
      • If the settlement agreement is approved and you are a current Desjardins member or client, you'll be notified either on AccèsD or by mail at the address Desjardins has on file for you.

    • What if I am no longer a Desjardins member or client?

      • If you are part of the class actions, but are no longer a Desjardins member or client, details of how to make a claim will be published on www.desjardinssettlement.com and in select newspapers across Canada.
      • You can also register your email address on www.desjardinssettlement.com to be notified by email when it's time to file a claim.

    • Who should I contact if I have questions?

      • The settlement agreement still needs to be approved by the court.
      • All available information will be posted on www.desjardinssettlement.com.

    • Will I have to pay any fees or costs in connection with the proposed settlement?

      • No. You will not have to pay anything in connection with the proposed settlement, if it is approved, or the claims process. Claims administration fees, legal fees and class counsels’ fees will be paid by Desjardins and will not impact the amount of compensation paid to class members.

    • If the settlement agreement is approved, can I be notified when the claims period opens and I can make a claim?

      • Yes, you can register your email address to be notified.
      • If you register your email address, RicePoint will let you know by email when it's time to file a claim.

    • How will class counsel be paid?

      • The law firms Siskinds Desmeules and Kugler Kandestin represent all class members in these class actions.
      • You are not responsible for the lawyers’ fees. If you would like to be represented by your own lawyer, you will need to hire one at your own expense.
      • If the settlement is approved, Desjardins will pay all the legal fees and disbursements for class counsel. The fees and disbursements paid to class counsel will not be deducted from the amounts paid to class members. Desjardins will also cover all administration fees in connection with claims made under the settlement agreement.

    • What am I giving up if I stay in the class?

      • Unless you opt out, you remain in the class. That means you can't bring your own action or participate in another action against the defendants that addresses the same legal questions at issue in this lawsuit. It also means that the court's orders apply to you and are legally binding on you. If the settlement is approved, it will release the defendants from all claims brought against them by class members in these class actions.

    • How do I opt out of the settlement and the class?

      If you want to opt out of the class (and as a result, the settlement), you will need to fill in the opt-out form and mail it to the court and the claims administrator (RicePoint) at the addresses below.

      You must submit the opt-out form by April 8, 2022. The opt-out form is available in the Documents section.

      Any opt-out forms that are only signed by a lawyer will not be accepted.

      The Clerk of the Superior Court of Québec

      (Palais de Justice de Québec)

      300 Boulevard Jean Lesage, local 1.24

      Québec  QC

      G1K 8K6

      AND

      RicePoint, a Computershare company

      Desjardins Class Action Administrator

      P.O. Box 3355

      London  (Ontario)

      N6A 4K3

    • If I don't opt out, can I sue Desjardins for the same thing later?

      • No. Unless you opt out, you will be bound by the result of the class actions. If the settlement is approved, class members who remain in the class will not be able to bring lawsuits against Desjardins for claims covered in the class actions. You need to opt out of the class actions to bring your own lawsuit.

    • If I opt out, will I receive compensation from the settlement?

      • No. Only eligible class members can be part of the settlement and receive compensation if it is approved by the court.

    • What's the difference between objecting and opting out?

      • When you object, you are simply going on record with the court to say that you are not satisfied with some part of the settlement. You can only object if you remain part of the class. When you opt out, you're telling the court that you don't want to be part of the class. If you've opted out, you have no reason to object, because the class actions no longer affect you.

    • Do I need a lawyer to object to the settlement?

      • No. However, if you would like to be represented by your own lawyer, you will need to hire one at your own expense. Class counsel will not object to the settlement for you.

    • How do I object to the settlement?

      If you are a class member, you can object to the settlement if you’re not satisfied with some part of it. You can also ask the court not to approve the settlement by filing an objection. The court can only approve or deny the proposed settlement; you can't ask the court to order a different one. If the court doesn't approve the settlement, no compensation will be paid and the class actions will continue. If that's what you want, you can file an objection. It is important to note that you can’t both object to the settlement and opt out of it.

      If you want to object to the proposed settlement, you must do so in writing. If you submit a written objection by the deadline, you can, without being required to, participate in  the settlement approval personally or by having a lawyer represent you. If a lawyer represents you, you will need to hire and pay them for their services. All written objections and supporting documents must be sent to the claims administrator at the address below. Objections must be filed by April 8, 2022, or they will not be taken into account.

      If you submit an objection, you need to personally sign it. If you're represented by a lawyer, your lawyer will also need to sign it. Objections must include:

         I.            Your full name, civic address, phone number and email address

         II.            A written statement outlining why you object to the settlement and the legal reasoning behind your objection

         III.            Copies of any briefs or other documents supporting your objection

         IV.            If applicable, the name, civic address, phone number and email address of each lawyer representing or assisting you

         V.            A statement indicating that you (or your lawyer, if applicable) intend to participate in the hearing to approve the settlement and any evidence that you intend to use to support the objection

      All documents regarding the objection must be sent to the claims administrator at the address below.

      RicePoint, a Computershare company

      Desjardins Class Action Administrator

      P.O. Box 3355

      London  (Ontario)

      N6A 4K3

      Reference: Boulay v. Fédération des caisses Desjardins du Québec

      Class action no. 200-06-000231-194

    • When and where will the hearing to approve the settlement agreement take place?

      • The court will hold the hearing to decide if it will approve the settlement on May 24, 2022. The court will consider any objections at that hearing and will also decide how much class counsel will be paid. The court may decide whether or not to approve the settlement immediately after the hearing, or it may take some time to deliberate.
      • More information will be provided as it becomes available, including where the hearing will be held. The hearing may be held online due to the COVID‑19 pandemic.

    • Do I need to attend the hearing?

      • No. Class counsel will explain why the settlement should be approved at the hearing. If you object to the settlement, you do not also need to present your objection to the court (but you are allowed to).

    • Were other class actions filed in response to the privacy breach?

      • Yes. There is a proposed class action in British Columbia which is also based on the personal information breach announced by Desjardins in 2019: Matthew Wenman c. Desjardins Cabinet de services financiers inc. et al, Supreme Court of British Columbia, file no. VIC-S-S, 192723, District of Victoria. That proposed class action, filed on June 21, 2019, has not been certified as a class action. The release resulting from the settlement agreement covers persons and claims that are the object of the class action in British Columbia and the parties in Québec intend to collaborate to ensure the settlement agreement is enforced. If you opt-out of the class actions filed in Québec, you may be included in the class action in British Columbia if and when it is certified as a class action and if you are part of the class that is certified. If you do not opt-out of the class actions filed in Québec, you will not be included in the class action in British Columbia and you will have the opportunity of benefitting from the compensation under the settlement agreement.