1. On January 11, 2013, the Minister of Human Resources and Skills Development announced that an external hard drive containing the private details of some 583,000 Canadians went missing. According to the press release, the Government of Canada has known about this since November 5, 2012.
2. The law firms of Sutts, Strosberg LLP (now Strosberg Sasso Sutts LLP) , Charney Lawyers and Branch MacMaster LLP commenced a proposed class action against the Attorney General of Canada on behalf of all persons whose information was lost. Bob Buckingham Law also commenced a proposed class action against the Attorney General of Canada with respect to the same matter. The four law firms have agreed to work together. Two other law firms, Jensen Shawa Solomon Duguid Hawkes LLP and Siskinds LLP commenced proposed class actions against the Attorney General of Canada with respect to the same matter, but each agreed that those actions would be stayed.
3. Click here to review the Consolidated Statement of Claim.
4. Our initial information was that, if you were a student loan borrower between the years 2000-2006 from any province besides Quebec, or the territories of Nunavut or the Northwest Territories, you may be entitled to compensation and asked that you register your claim.
5. An announcement made in a government posting February 19, 2013 said, in part:
Please be advised that the electronic storage device containing personal information of 583,000 Canada Student Loan borrowers who were clients of the Canada Student Loans Program (CSLP) from 2000-2006 also contained personal information of affected clients who fall outside the 2000-2006 period. Of the individuals affected, 2,800 fall outside the 2000-2006 period and of those 2,600 are in 2007. The department has already communicated with over 1,600 of these affected borrowers. Efforts continue to locate current contact information for all affected borrowers.
6. All potential class members should register with www.studentloansclassaction.com. The law firms are working together and trying to consolidate all registrations. Even if you have registered with one of the other firms, it is important that you register at www.studentloansclassaction.com and keep that registration up-to-date.
7. Borrowers 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 the time spent changing your personal information such as your Social Insurance Number, damages for emotional distress/inconvenience, and/or compensation for out of pocket expenses. Punitive damages will also be claimed because the Government failed to disclose the breach of privacy for 2 months.
8. The certification hearing took place on December 17 and 18, 2013 at the Federal Court, in the City of Toronto, Province of Ontario.
9. On March 17, 2014, this action was certified as a class action by the Federal Court. Click here to review the Reasons for Judgment and Judgment of the court. The decision was under appeal. On July 6, 2015, the Federal Court of Appeal released its decision in favour of the plaintiffs. Click here to review the Reasons for Judgment of the court. Click here to view the Order (Certification). Click here to view the Notice of Certification in English. Click here to view the Notice of Certification in French. Click here to download the Opt Out Form to fill out if you do not want to participate in the class action.
10. The parties have agreed to a schedule for exchanging documents Document production is currently underway. At this time, Class Counsel is reviewing and analyzing thousands of documents received from the defendants.
11. Examinations for discovery were scheduled to proceed during the months of January and February, 2017, however due to the extensive volume of documents produced by the defendants, the examinations will be delayed until Class Counsel has completed their review of all the documents.
12. We will continue to update this website as developments occur.
13. If you prefer, you may contact us toll-free at 1.866.225.9530.
14. If you would like to know more about how a class action works, please click here.