MONTREAL, July 11,
2024 /CNW/ - On June 17,
2024, the Superior Court of Québec approve the settlement of
a class action lawsuit commenced against Nissan Canada Inc. in the
matter of Levy v. Nissan Canada Inc., Superior Court of
Quebec Court File No.: 500 06
000907 184. The Ontario Superior Court of Justice previously
approved the settlement of the class action lawsuit commenced in
Ontario against Nissan, Nissan
Canada Financial Services Inc./Services Financiers Nissan Canada
Inc. and Nissan North America, Inc. ("Nissan") in the matter of
Grossman and Arntfield v Nissan Canada Inc., c.o.b. as Nissan
Canada Finance and c.o.b. as Infiniti Financial Services Canada,
Nissan Canada Financial Services Inc., Services Financiers Nissan
Canada Inc. and Nissan North America, Inc., Ontario Superior
Court of Justice Court File No. CV-18-00590402-00CP, on
April 24, 2024, which approval was
contingent upon the settlement approval in Quebec.
The lawsuits allege that Nissan is liable for
damages resulting from an incident in which it received an
anonymous email from an unknown individual claiming to have
information about Nissan customers, and demanding a ransom be paid
to return the data (the "Data Incident"). Nissan denies any
wrongdoing, and none of the allegations of the lawsuit have been
proven.
Class members include: (i) residents in Québec who had active
leases or loans with Nissan between December
22, 2016 and January 12, 2017;
(ii) residents in Québec who received a letter from Nissan on or
about January 2018 informing them of
the Data Incident; and (ii) residents in the rest of Canada (excluding Québec) who had active
leases or loans with Nissan between from December 22, 2016 and January 12, 2017.
Nissan has agreed to provide a fund of CAD $1,820,000.00 to settle the two lawsuits. Class
members who have suffered damages, losses, costs and/or
unreimbursed expenses caused by the Data Incident (and/or, for
Québec residents, as a result of the receipt of a letter from
Nissan on or about January 2018
informing them of the Data Incident) would be eligible for the
reimbursement of such damages up to a maximum of CAD $2,500. Class members who do not have
documentation or proof of damages and who submit a claim would be
entitled to up to a maximum of CAD $35 for reimbursement of lost time. If the total
amount of claims to Settlement Class Members exceeds the total
amount allocated for either the Documented Claims or the
Undocumented Claims, the individual payments to Settlement Class
Members may be reduced on a pro rata basis (proportionally).
The period for submitting a claim begins on July 11, 2024, and runs until October 21, 2024, at 11:59
PM EST.
This is just a summary. For more detailed information on how to
make a claim and to view the Settlement Agreement, Court-approved
notices, Judgments and other documents, please visit the settlement
website www.nissandatasettlement.com.
SOURCE McKenzie Lake Lawyers LLP, Landy Marr Kats LLP,
Du Vernet, Stewart, and Lex Group
Inc.