You do not need to do anything at this stage to be included in the class actions or to benefit from the settlement. 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, approved 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.
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.
You can check the timeline on the home pagefor the full schedule.
What do I need to do, at this stage, to receive compensation?
Class members do not need to take any action at this stage to be included in the authorized class actions.
The claims period will gradually open for eligible individuals on July 21, 2022.
Members and clients will receive messages on AccèsD.
Current and former members and clients who don't use AccèsD and can be reached by mail will receive a letter in the mail.
Notices will also be published in major Canadian media outlets.
These notices will provide more information on how to make a claim under the settlement.
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.
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 settlement, 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.
Now that the settlement agreement is approved, can I be notified when the claims period opens, and I can make a claim?
If you register your email address, RicePoint will let you know by email when it's time to file a claim.
In addition, Members and clients will receive messages on AccèsD.
Current and former members and clients who don't use AccèsD and can be reached by mail will receive a letter in the mail.
Notices will also be published in major Canadian media outlets.
These notices will provide more information on how to make a claim under the settlement.
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.
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 opted 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. The approved settlement releases the defendants from all claims brought against them by class members in these class actions.
I did't opt out, can I sue Desjardins for the same thing later?
No. Unless you opted out, you are bound by the result of the class actions. Class members who remain in the class will not be able to bring lawsuits against Desjardins for claims covered in the class actions. You needed to opt out of the class actions to bring your own lawsuit.
If I opted out, will I receive compensation from the settlement?
No. Only eligible class members can be part of the settlement and receive compensation.
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.