Class Action

 

Peoples Trust

Privacy Breach Class Action

 

On October 25, 2013, Peoples Trust, a Canadian, wholly owned trust company regulated by the Trust and Loan Companies Act, S.C. 1991, c. 45 and supervised by the Office of the Superintendent of Financial Institutions (OSFI), notified approximately 12,000 – 13,000 of its clients that an online application database containing their personal information was compromised by unauthorized internet access originating in the People’s Republic of China. Peoples Trust has yet to make a public announcement with respect to this privacy breach.

Click here for press release

If you are a client of Peoples Trust and were notified that your personal information was breached on October 25, 2013, you may be entitled to compensation.

Charney Lawyers PC, Sutts Strosberg LLP and Branch McMaster LLP have commenced a national class action on behalf of all persons whose private information was compromised due to this incident.

Affected clients may be entitled to compensation for the breach of their privacy, damages for identity theft and/or damages to their credit reputation, damages for the costs incurred to prevent identity theft, damages for time spent changing their personal information such as Social Insurance Numbers, damages for emotional distress/inconvenience, and/or compensation for out of pocket expenses. Punitive damages will also be claimed.

A class action will allow everyone who has sustained damages to band together in one lawsuit across Canada against Peoples Trust.

UPDATE: On August 4, 2016, Ted Charney appeared before the British Columbia Supreme Court to argue the motion for certification. On August 29, 2017, Justice Masuhara released his reasons for decision certifying the class action. A copy of his decision can be found on the Reported Decisions page of the website, or viewed here.

 

Participation

If you are a potential claimant and wish to support the Class Action and be included in our Class Action database, you may register by filling out an on-line questionnaire.

Please click here to complete the questionnaire.

There is no financial obligation to register. Once you register we will notify you of all important developments via email. See Class Action Fees.

Charney Lawyers is experienced in litigating class actions.

 

IMPORTANT NOTE:

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Charney Lawyers. The court will ultimately decide who will be included as a class member.

This website will be updated from time to time to provide potential class members with information as it becomes available.

 

 

Case Law

Jones v. Tsing The Ontario Court of Appeal recognized a cause of action for "intrusion upon seclusion" in Ontario. 

 

 

         JUDICIAL ENDORSEMENTS

 

"I have no difficulty approving this settlement. I find it fair and reasonable and very much in the best interests of the class members. I note that class counsel had several meetings with class members and were able to satisfy themselves that the proposed settlement would cover most if not all of the losses sustained. That is, to say the least, an excellent result.”

Kennedy et al. v. Toronto Hydro et al.

(Ted Charney and Andrew Eckart were co-class counsel in the Class Action)

 

 

"Charney... is unquestionably qualified to act as counsel.”

 

                          Ison T Auto Sales v. Zurich Insurance

          Ontario Court of Appeal, November 25, 2011

(Ted Charney acted for Ison T Auto Sales i.e. Toronto Honda on the appeal)

 

 

“The Whiting Group Counsel Team consists of 11 law firms from 7 provinces across Canada and includes some of the most experienced class action firms in Canada with a broad range of experience in class actions with particular expertise in product liability class actions and personal injury. Four of these law firms are in Ontario where the action will be based and includes counsel who are very experienced in class action litigation and have the resources and experience to advance this claim in Ontario or on a national scale. This fact favours the Whiting Group.”

Whiting et al v. Menu Foods Income Fund [2007]

(The Charney Group of Lawyers was a member of the Whiting Group and appeared as counsel on the motion to decide carriage)

 

 

“The Settlement Agreement in the case at bar has undergone the court's scrutiny, and it appears to me that in entering into the Settlement Agreement and in seeking certification on consent for settlement purposes, the plaintiffs and the defendants, with the assistance of their legal counsel, have provided the social good of access to justice and adequate compensation in accordance with Canadian law for perhaps thousands of citizens who may have been harmed by the Listeriosis outbreak...”

Bilodeau v. Maple Leaf Foods Inc. [2009]

(The Charney Group of Lawyers represented Ms. Bilodeau for this class action)

 

 

“Although I am not formally required to approve it, I believe it is relevant that, when the risks and expenses of continuing the litigation are considered, the settlement appears to fall well within a zone of reasonableness.”

Yordanes v The Bank of Nova Scotia, December 2006 

(The Charney Group of Lawyers were counsel for Yordanes)