NISSAN CANADA DATA INCIDENT CLASS ACTION

Welcome to the Nissan Data Incident Class Action Settlement Website

In 2018, two class actions (the "Class Actions") were commenced, one in Ontario against Nissan Canada Inc., Nissan Canada Financial Services Inc., and Nissan North America, Inc. (“Nissan”) and the other, in Quebec against Nissan Canada Inc.. The lawsuits allege that Nissan is liable for damages resulting from an incident in which it received an anonymous email from an unknown attacker on or around December 11, 2017 claiming to have information about Nissan customers and demanding a ransom be paid to return the data (the “Data Incident”).

Nissan does not admit any of the allegations, and none of the allegations have been proven. The parties have instead decided to settle the lawsuit.

Case Names and Court File Numbers

"Ontario Action": Grossman, et al. v. Nissan Canada Inc., et al., Ontario Superior Court of Justice Court File No. CV-18-00590402-00CP

"Quebec Action": Levy v. Nissan Canada Inc., Superior Court of Quebec Court File No. 500-06-000907-184

Am I a Settlement Class Member?

Members of the settlement class in the Quebec Action include:

  1. Residents in Quebec who had an active lease or loan with Nissan between December 22, 2016 and January 12, 2017;
  2. Residents in Quebec who receive a letter from Nissan in January 2018 informing them of the Data Incident.

Members of the settlement class in Ontario Action include:

  1. Residents in the rest of Canada (excluding Quebec) who had active leases or loans with Nissan between December 22, 2016 and January 12, 2017.

Proposed Settlement

The parties have negotiated a settlement of the Class Actions (the "Settlement"). Under the Settlement, Nissan has agreed to provide a settlement fund of CAD $1,820,000.00 to pay settlement class member claims, as described below.

The proposed Settlement must be approved by the Courts to become effective. If the Settlement is approved, settlement class members will be eligible to submit a claim form for either a "Documented Claim" or an "Undocumented Claim".

  1. Documented Claims: settlement class members who have suffered damages, losses, costs and/or unreimbursed expenses caused by the Data Incident and who submit a claim form evidencing (i) their membership in the settlement class; and (ii) documented damages incurred as a result of the Data Incident (including as a result of having received a letter informing them of the Data Incident in the Quebec Action), would be eligible for the reimbursement of such damages up to CAD $2,500.

  2. Undocumented Claims: settlement class members who do not have documentation or proof of damages and who submit a claim form establishing their membership in the settlement class would be entitled to CAD $35 for reimbursement of lost time.

Approval Hearings

The approval hearing in the Ontario Action took place at the Ontario Superior Court of Justice on April 24, 2024. 

The approval hearing in the Quebec Action will take place at Superior Court of Québec on June 6, 2024.

If you wish to participate, you are not required to do anything until after the Settlement is approved.

What if I Don't Agree with the Settlement?

You may object to the Settlement before the courts consider whether to approve it, and attend an approval hearing.

If you are a settlement class member in the Ontario Action the deadline to submit an objection was April 4, 2024. 

If you are a settlement class member in the Quebec Action and wish to object, you can object by completing an objection form setting out the reasons why. The deadline to send the objection form is May 30, 2024. See FAQ #13 for further details on how to object and FAQ #11 for how to contact Quebec Class Counsel.

More Information

A copy of the Settlement Agreement, other relevant judgement, notices and forms may be found under the Case Documents tab.