Notice of Settlement Approval: Sweet v. His Majesty the King — Federal Court File No. T-982-20
PLEASE READ THIS NOTICE CAREFULLY AS YOUR LEGAL RIGHTS MAY BE AFFECTED
Did you receive notice or have reason to believe that you may have experienced a privacy breach between and with respect to your personal or financial information while using a Government of Canada Online Account (Canada Revenue Agency’s “My Account”, “My Services Canada” account, or other online government accounts where the account is accessed using a GCKey)? If so, you may be entitled to compensation.
Why did I get this Notice?
All persons whose personal or financial information in their Government of Canada Online Account* was disclosed to a third party without authorization between and (the “Data Breach”) have the right to know that the Federal Court has approved the settlement in Sweet v. His Majesty the King, Federal Court File No. T-982-20 (the “Sweet Class Action”).
On , the Federal Court certified the Sweet Class Action. A copy of the Court’s certification order and settlement approval order is available at: www.breachsettlementcanada.kpmg.ca.
The settlement is a compromise of disputed claims and is not an admission of liability, wrongdoing, or fault by any of the Defendants.
The Plaintiff who filed the lawsuit on behalf of the Class Members is Todd Sweet (the “Representative Plaintiff”).
The lawyers for the Class Members are Rice Parsons Leoni & Elliott LLP (formerly Rice Harbut Elliott LLP) (“Class Counsel”).
What is the Class Action about?
The Plaintiff alleges that the Government of Canada breached Class Members’ privacy by failing to properly safeguard confidential personal and financial information accessed electronically through various online government portals. The Plaintiff alleges that these inadequate safeguards allowed bad actors to access online accounts without consent, view confidential information, and in some cases apply for CERB benefits.
The Government of Canada denies these allegations and denies that it did anything wrong.
A settlement agreement was reached between the parties and has now been approved by the Federal Court.
Who is included in the settlement?
The Class consists of:
All persons whose personal or financial information in their Government of Canada Online Account* was disclosed to a third party without authorization between and , including Excluded Persons.
* “Government of Canada Online Account” means:
- Canada Revenue Agency account;
- My Service Canada account; or
- another Government of Canada online account accessed using the Government of Canada Branded Credential Service (GCKey).
“Excluded Persons” means all persons who contacted Murphy Battista LLP about the CRA privacy breach class action (T-982-20) before .
If you meet this definition, you are a Class Member. For greater clarity, even if you meet the definition of “Excluded Persons” in the definition above, you are still a Class Member, and your rights are affected by this settlement.
For more information, visit www.breachsettlementcanada.kpmg.ca, Email: breachsettlementcanada@kpmg.ca,
Toll-free number: 1-833-724-6160,
or Fax: 514-840-2390
What compensation is available?
Whether you will receive compensation and in what amount depends on the terms of the Settlement Agreement and the distribution protocol. The settlement provides the following payments for Eligible Claimants:
Access Claims
Class Members whose personal information was accessed (but not used fraudulently) may receive compensation for loss of time and inconvenience (if any) at $20/hour, up to 4 hours ($80 maximum).
Fraud Claims
Class Members whose personal information was accessed and used fraudulently - for example, if fraudulent CERB, CESB, or EI applications were made, or benefits were diverted, may receive compensation for loss of time and inconvenience (if any) at $20/hour, up to 10 hours ($200 maximum).
Special Compensation Fund
Class Members may claim reimbursement of eligible out-of-pocket expenses related to the Data Breach, up to $5,000, including:
- unreimbursed fraud losses or charges,
- professional or other fees relating to identity theft,
- fees or penalties resulting from credit freezes.
Payment amounts may be reduced depending on the number of approved claims.
It is important to understand that not all Class Members will be entitled to payments under the Settlement Agreement. The settlement only provides compensation to:
- Class Members whose Government of Canada Online Accounts were subject to unauthorized access by third parties during the Credential Stuffing Attacks between and (the “Breach Period”).
- Class Members whose personal and financial information was accessed by an unauthorized third party using a Represent a Client account (RAC account) between – .
- Since , Class Members are able to confirm whether they are eligible for payments under the settlement by visiting www.breachsettlementcanada.kpmg.ca.
If you received this Notice by email or mail from KPMG, you may be eligible to apply for compensation.
How do I apply for compensation?
Claims can be submitted online at www.breachsettlementcanada.kpmg.ca once the claims period commences on .
You may also contact the Claims Administrator by: Email: breachsettlementcanada@kpmg.ca
Fax: 514-840-2390
Mail:
KPMG
600, de Maisonneuve Blvd. West Suite 1500, Tour KPMG
Montréal, Quebec H3A 0A3
Attention: Canada Privacy Breach Class Action Administrator
What is the deadline to make a claim?
Claims must be submitted no later than .
Claims submitted after this deadline may not be eligible for compensation.
What if I do NOT want to participate?
The Opt-Out deadline was .
If you did not opt out by the deadline, you are bound by the settlement.
What are the legal fee arrangements?
Under their retainer, Class Counsel sought legal fees equal to 33.33% of the net settlement proceeds, plus disbursements, taxes, and administration expenses.
Class Counsel also sought honoraria of:
- $5,000 for Representative Plaintiff Todd Sweet,
- $1,500 each for Anne Campeau and Tanis Seminoff.
The Court has approved Class Counsel’s fees, disbursements, and the honoraria.
Where do I get more information?
Visit: www.breachsettlementcanada.kpmg.ca
Email: breachsettlementcanada@kpmg.ca
Toll-free number: 1-833-724-6160 or
Fax: 514-840-2390
You may also write to the Claims Administrator at:
KPMG
600, de Maisonneuve Blvd. West Suite 1500, Tour KPMG
Montréal, Quebec H3A 0A3
Attention: Canada Privacy Breach Class Action Administrator
You may also contact Class Counsel:
RICE PARSONS LEONI & ELLIOTT LLP
980 Howe Street, Suite 820
Vancouver, BC V6Z 0C8
Email: classactions@rplelaw.com
THIS NOTICE HAS BEEN AUTHORIZED BY THE FEDERAL COURT OF CANADA