Class Actions

Kugler Kandestin and Siskinds Desmeules file amended application for authorization to institute a class action against Desjardins in connection with massive data breach

Update January 24, 2020: Today, we sent an email to class members who have communicated with us to date in order to advise them of recent developments with respect to the Desjardins data breach class action.

In summary, on January 20, 2020, the attorneys for class members (Siskinds and Kugler Kandestin) filed with the Court a joint Application for permission to file an amended application for authorization to institute a class action.  The purpose of the amendments, which appear in the Amended application for authorization to institute a class action, are to take into account the numerous developments that have occurred in this matter since we first filed our initial Application for authorization on June 21, 2019, to amend the different claims for damages that are being sought on behalf of class members, and to add two proposed representatives of the class.

The Court will have to determine whether the amendments will be permitted, and a hearing will be scheduled for this purpose.  The attorneys for the class have also asked the Court to fix the dates for the authorization hearing (for the purpose of determining whether the Court will allow the action to proceed as a class action) as soon as possible. We do not currently know when this hearing will take place.

We will continue to update this page as the case progresses.

Update July 5, 2019:  On July 5, 2019, we sent an email to class members who have communicated with us to date in order to respond to questions with respect to the class action.  We invite you to read our email by clicking here.

The application for authorization to institute a class action alleges that the defendants failed to adequately protect class members’ personal data and seeks payment of substantial compensatory and punitive damages.

On June 21, 2019, Kugler Kandestin, in conjunction with LPC Avocats Inc., filed an application for authorization to institute a class action against the Fédérations des Caisses Desjardins du Québec  and the numerous “Caisse Desjardins” credit unions in connection with the massive and unprecedented data breach that Desjardins publicly reported on June 20th.

It is reported that the personal data of 2.7 million people and 173,000 businesses – comprising names, addresses, birth dates, social insurance numbers, email addresses, and information about their transaction habits – was improperly and unlawfully accessed by a former Desjardins employee and disclosed to third parties.

The proposed class action, which includes all Desjardins members whose personal data was breached, alleges that Desjardins did not have a sufficient system or adequate measures in place to adequately protect its members’ personal and highly sensitive information and claims significant compensatory and punitive damages.