NISSAN CANADA DATA INCIDENT CLASS ACTION

In 2018, two class actions (the "Class Actions") were commenced, the first in Ontario against Nissan Canada Inc., Nissan Canada Financial Services Inc. and Nissan North America, Inc. (the "Ontario Action").

The individuals who filed these Class Actions are referred to as the “Representative Plaintiffs”, and Nissan Canada Inc., Nissan Canada Financial Services Inc. / Services Financier Nissan Canada Inc. and Nissan North America, Inc. (collectively “Nissan”) are called the “Defendants” (the Representative Plaintiffs and the Defendants are, together, the “Parties”). The Representative Plaintiffs 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 Representative Plaintiffs’ allegations.

The Parties have negotiated a settlement of the Class Actions (the "Settlement") to avoid the cost and risk of further litigation, including potential trials, and to provide settlement class members with reasonable compensation in exchange for releasing Nissan from any potential liability. The proposed Settlement does not mean that Nissan did anything wrong, and the courts did not decide which Party was right.

Plaintiffs and Class Counsel believe that the proposed Settlement is fair, reasonable and in the best interests of the settlement class.

The Settlement Agreement, along with its schedules, describe in greater detail the rights and obligations of all the parties and is available here.

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 received a letter from Nissan in January 2018 informing them of the Data Incident.

Members of the settlement class in the Ontario Action include:

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

Only settlement class members who meet certain criteria are eligible to submit claims in the proposed Settlement. You are excluded from making a claim in the proposed Settlement if:

• you are not a settlement class member under the terms of the Settlement Agreement;
• you previously and validly opted out of the Ontario Action or the Quebec Action in writing; or
• you previously settled claims against Nissan and executed a release in favour of Nissan in relation to matters that are the subject of the Ontario or Quebec Actions.

Under the proposed Settlement, Nissan has agreed to provide a settlement fund of CAD $1,820,000.00 to pay settlement class member claims. This fund is divided into two funds, the "Documented Claims" fund and the "Undocumented Claims" fund. The Documented Claims fund is capped at a maximum of CAD $410,000 and the Undocumented Claims fund is capped at a maximum of CAD $1,410,000. This is the maximum amount that will be settled and paid for by Nissan in satisfaction of any Documented Claims and Undocumented Claims.

If the Settlement is approved, settlement class members will be entitled to submit a claim form for either a Documented Claim or an Undocumented Claim. 

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), may be eligible to claim reimbursement of such damages. 

Documented Claims may include damages, losses, costs and/or unreimbursed expenses related to:

• Disbursements incurred such as for purchasing extra insurance;
• Credit-related costs (such as buying credit reports, credit monitoring or identity theft protection, or costs to place a freeze or alert on your credit report); or
• Other costs or unreimbursed expenses as a result of the Data Incident.

Settlement class members must provide reasonable documentary evidence to get reimbursed for a Documented Claim. This documentary evidence may include invoices, receipts, financial records or photos. Only expenses actually incurred by the settlement class member and directly caused by the Data Incident will be approved.

Settlement class members who submit a Claim that is approved as a Documented Claim will be eligible for the reimbursement of their damages, up to a maximum of CAD $2,500.

Undocumented Claims:

Settlement class members who do not have documentation or proof of damages may be eligible to submit an Undocumented Claim. To do so, the class member must submit a claim form establishing that they are a member of the settlement class. 

Settlement class members who submit a Claim that is approved as an Undocumented Claim will be entitled to CAD $35 for reimbursement of lost time.

Settlement class members are not eligible to receive payment for both a Documented Claim and an Undocumented Claim (i.e., Settlement class members will be entitled only to submit either a Documented Claim or an Undocumented Claim).

If either the capped Documented Claims fund or the capped Undocumented Claims fund is insufficient to pay all approved Documented or Undocumented Claims, respectively, each approved Claim will be proportionally reduced

The claims process has not yet begun. If the proposed Settlement is approved by the courts, anotice will be distributed and published on this website detailing how to submit a claim and the deadline to do so. 

Please check this website regularly after the Settlement approval hearings for more information. For the dates of the Settlement approval hearings, see FAQ #15.

Supporting documentation must be submitted with the claim form to be eligible for a Documented Claim. The supporting documentation required for a Documented Claim is evidence of: (i) membership in the settlement class; and (ii) documentary evidence of 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) such as invoices, receipts, financial records or photos.

Settlement class members who submit an Undocumented Claim must establish their membership in the settlement class but do not need to provide any documentary evidence of damages.

Yes, you can submit a claim on behalf of someone else if you have legal authority to do so. If a claim is being submitted on behalf of someone else, the person completing the claim form must explain why he/she has the authority to act on behalf of the settlement class member and must attach a copy of any Certificate of Appointment of Estate Trustee, Power of Attorney or other document establishing that authority.

A third party claims administrator, RicePoint Administration Inc. (the "Claims Administrator") will be appointed by the courts to administer the Settlement and verify the claims. Once you submit a claim, it will be reviewed by the Claims Administrator and if the claim is valid, the Claims Administrator will send you the payment directly.

The Claims Administrator has the sole and exclusive responsibility for the verification of claims. The Claims Administrator will ensure that each claim is accompanied by the required evidence of either a Documented Claim or Undocumented Claim before approving the claim.

Settlement class members that submit deficient claims will be notified by the Claims Administrator. The settlement class member will then have thirty (30) days to submit materials to cure any deficiencies. The Claims Administrator will then make a final decision regarding the admissibility of the claim and advise the settlement class member accordingly.

Yes. The law firms representing the Ontario class ("Ontario Class Counsel") and the Quebec class ("Quebec Class Counsel") are listed below. You will not be charged for contacting these lawyers for more information. If you want to be represented by your own lawyer, you may hire one at your own expense.

Ontario Class Counsel:

McKenzie Lake Lawyers LLP

140 Fullarton Street, Suite 1800

London, ON  N6A 5P2

Toll-Free Telephone: 1-844-672-5666

Email: [email protected]

Landy Marr Kats LLP

2 Sheppard Avenue East, Suite 900

Toronto, ON  M2N 5Y7

Telephone: 416-221-9343

Email: [email protected]

Du Vernet, Stewart

1392 Hurontario Street

Mississauga, ON  L5G 3H4

Telephone: 416-231-1668

Email: [email protected]

Quebec Class Counsel:

Lex Group Inc.

4101 Sherbrooke Street West

Westmount, Quebec, H3Z 1A7

Telephone: 514-451-5500 (ext. 101)

Email: [email protected]

At the same time as the hearings to approve the Settlement, Class Counsel will ask the courts for approval of the payment of their fees and other expenses. As part of the Settlement, in addition to the capped settlement funds and subject to the courts’ approval, Nissan has agreed to pay a contribution to class counsel fees in the amount of CAD $490,000. Class Counsel will request an all-inclusive sum that is 30% of the total settlement amount, plus applicable GST, HST and QST. Class Counsel will request this fee be first payable from Nissan’s CAD $490,000 contribution to class counsel fees in its entirety and then payable from the capped settlement funds. The Court may award something less than the amount requested by Class Counsel.

If you are a settlement class member, you can tell the court that you don’t agree with the proposed Settlement or some part of it by filing an objection. In an objection, you can give the court reasons why you think it should not approve the Settlement. The Court will consider your views.

Ontario Action:

The deadline to object in the Ontario Action was April 4, 2024 (20 days prior to the approval hearing). Objections submitted after this date will not be considered.

Quebec Action:

To object in the Quebec Action, you must send a duly completed objection form by registered mail to the following address:

Clerk of the Superior Court of Quebec

Palais de Justice de Montréal

(Re: Levy v.  Nissan Canada Inc., 500-06-000907-184)

1 Notre-Dame Street East, Room 1.120

Montréal, Québec H2Y 1B6

With copy by mail to the Claims Administrator at the following address:

Nissan Data Incident Class Action

c/o RicePoint Administration Inc.

P.O. Box 3355

London, ON N6A 4K3

If you want to speak at the Approval Hearing, you must indicate that you intend to do so in your objection form. You can hire a lawyer to appear on your behalf at your own expense or you may appear yourself. If you do not state your intention to appear in your objection form, or you do not submit a signed and completed objection form before May 30, 2024, you will waive all objections and can be barred from speaking at the Approval Hearing.

The courts in both Ontario and Quebec will hold a hearing to decide whether to approve the proposed Settlement and class counsel fees. You may attend and you may ask to speak, subject to the requirements above, but you do not have to attend.

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

The approval hearing in the Quebec Action will take place at the Montreal Courthouse, 1 Notre-Dame Street East, in Montreal, Quebec, at a time and date to be determined. Please check this website regularly for more information.

No, you do not need to attend the approval hearing, but you are welcome to attend at your own expense.

If you submit an objection beforehand, you do not need to attend in Court to talk about it. As long as you have served your signed and completed objection form on time, the court will consider it. You may also attend or pay your own lawyer to attend, but it is not necessary.

Settlement class members do not need to attend the approval hearing or take any other action to indicate their approval of the proposed Settlement. Class Counsel will answer any questions that the courts may have.

If the courts approve the proposed Settlement and you do nothing at all, you will not receive any compensation from the proposed Settlement. In order to receive compensation in the proposed Settlement, you must submit a claim form with the supporting evidence specified on the claim form. Unless you previously and validly excluded yourself (opted out), you won’t be able to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against Nissan about the legal issues in this class action.

However, even if you take no action, you will keep your right to sue Nissan for any other claims not resolved by the Settlement, subject to any applicable limitation periods.