Equifax Canada Co. and Equifax Inc.
This case alleges that Equifax Canada Co. and Equifax Inc. breached the privacy rights of Canadians whose sensitive personal information was stolen by cyber-criminals in a hack in 2017. The case also alleges that Equifax breached its contractual and consumer obligations to those who were paying Equifax to protect their identity and credit.
The Equifax defendants are credit bureaus operating in Canada and many other countries. They have admitted to failing to patch a security vulnerability in their online systems although they had been specifically alerted to the threat by U.S. officials. The unpatched vulnerability opened the door to the hack between May and July 2017.
The case is proceeding as a class action on behalf of persons in Canada whose information was hacked in the 2017 Equifax breaches or who had a paid Equifax subscription between March 7, 2017 and July 30, 2017.
- July 13, 2023: Plaintiff’s application for leave to appeal was dismissed.
- January 24, 2023: Plaintiffs filed an Application for Leave to Appeal to the Supreme Court of Canada. We are currently awaiting a decision from the Court.
- November 25, 2022: The Court of Appeal dismissed the appeal held on June 7, 2022. The plaintiff is now seeking leave to appeal to the Supreme Court of Canada. Click here to view a copy of Reasons for Decision released on November 25, 2022.
- June 7 2022: The appeal proceeded on June 7 and was heard together with two similar cases. The court reserved its decision.
- 16 February 2022: The Court of Appeal hearing has been scheduled for June 7, 2022. A copy of the appeal factum can be found here.
- October 29, 2021: The Court of Appeal for Ontario has granted leave to appeal in the Equifax certification decision to address one issue. The plaintiff will be seeking to reinstate the decision of the Ontario Superior Court of Justice with respect to the intrusion upon seclusion claims.
- June 9, 2021: A majority of the Divisional Court has concluded that the intrusion upon seclusion claims cannot proceed against Equifax. We are seeking leave to appeal the decision. A copy of the decision can be found here. The remaining causes of action against Equifax are proceeding.
- December 18, 2020: the appeal will be argued on May 19, 2021.
- October 6, 2020: the Ontario Divisional Court has granted leave to appeal in the Equifax certification decision to address one issue. A copy of the Court’s decision can found here. The plaintiff will be seeking to advance the other aspects of the case while the appeal is pending.
- January 6, 2020: The Ontario Superior Court of Justice ruled that the class action could proceed against Equifax. A copy of the judge’s decision can be found here. Equifax is seeking to appeal the decision.
- October 10, 2019: The certification hearing before Justice Glustein has concluded. Justice Glustein has reserved his decision. Class Counsel will provide an update once they receive the decision.
- September 16, 2019: The certification motion scheduled for September 16-18, 2019 was adjourned to October 8, 10 and 11, 2019. The motion will be heard in Osgoode Hall – Courtroom 6 commencing at 10:00 a.m. before Mister Justice Glustein. Further details can be found at http://www.ontariocourtdates.ca/ at 4:30 p.m. the day before the commencement of the hearing. If you have any questions about the certification motion, please contact class counsel for details.
- April 25, 2019: The certification motion scheduled for April 23-25, 2019 was adjourned. The certification motion has been rescheduled for September 16-18, 2019. The motion will likely be heard in Toronto commencing at 10am. Further details can be found at http://www.ontariocourtdates.ca/at 4:30pm the day before the commencement of the hearing. If you have any questions about the certification motion, please contact class counsel for details.
- February 7, 2019: Due to a scheduling error, the certification motion did not proceed on February 4-6, 2019. The certification motion has been rescheduled for April 23-25, 2019. The motion will likely be heard at Osgoode Hall in Toronto commencing at 10am. Further details can be found at http://www.ontariocourtdates.ca/at 4:30pm the day before the commencement of the hearing. If you have any questions about the certification motion, please contact class counsel for details.
- January 10, 2019: The Ontario Superior Court is scheduled to hear the plaintiff’s motion for certification of this action on February 4-6, 2019. The motion will likely be heard at Osgoode Hall in Toronto commencing at 10am. Further details can be found at http://www.ontariocourtdates.ca/ at 4:30pm the day before the commencement of the hearing. If you have any questions about the certification motion, please contact class counsel for details.
- January 25, 2018: The Ontario Superior Court of Justice has granted carriage of this class action to Sotos LLP and its clients Bethany Agnew-Americano and Jane Doe. In a decision dated January 24, 2018, the Court decided that it was in the best interests of the class of people affected by the Equifax breach to have Sotos LLP as their counsel. The Court also ordered that the class action brought by Merchant Law Group LLP be stayed and that no other class actions on this subject matter be filed in Ontario without the Court’s permission. You can find a copy of the Court’s decision here.
- December 5, 2017: Equifax previously announced that approximately 8,000 Canadian consumers were affected by the data breach. Equifax Canada recently announced that “In addition, it was determined that some of the consumers with affected credit cards announced in company’s initial statement are also Canadian. We now know that this group includes 11,670 impacted Canadian consumers and we are in the process of notifying them by mail and offering them free credit monitoring and identity protection.” The total number of affected Canadians, as described by Equifax, therefore now appears to total 19,000 persons. If you receive a letter from Equifax and you are a Canadian resident, please register on our website and follow our Facebook page here.
- November 7, 2017: The Ontario Superior Court is scheduled to hear a motion on December 19, 2017, to decide if it should be Sotos LLP or Merchant Law Group that prosecutes this action in Ontario.
- October 17, 2017: The first case conference about the class action was held before the Court.
- Reasons for Decision (November 25, 2022)
- Factum of the Appellant (December 6, 2021)
- Decision on Motion for Leave to Appeal (October 6, 2020)
- Certification Decision (December 13, 2019)
- Carriage Decision (January 24, 2018)
- Statement of Claim (September 12, 2017)
- Equifax to pay up to $700M in data breach settlement, Toronto Star, July 22, 2019
- Ottawa’s new privacy rules give businesses flexibility on data breach reporting, National Post, Apr 19, 2018
- Equifax breach: 2 Canadian class-action lawsuits seeking financial damages, Global News, October 24, 2017
- GTA woman says her information was compromised by Equifax hack, City News, October 19, 2017
- How to participate in the growing number of privacy class actions in Canada, CBC, September 21, 2017
- Cambridge woman launches $550-million class-action lawsuit against Equifax Canada following privacy breach, Toronto Sun, September 13, 2017
What is a class action?
A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as “certification”.
Who brings a class action lawsuit forward?
A statement of claim is issued on behalf of a “representative plaintiff”. The representative plaintiff’s role is to work with class counsel to bring the action forward and to represent the class members in court.
What is certification?
In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the “certification motion”. If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.
Do I have to do anything to “join” the lawsuit?
No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.
Once I am part of the class do I have to do anything?
No. We will work primarily with the class representative.
What if I do not want to be included in the lawsuit?
Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.
What are the benefits of proceeding as a class action?
Certification as a class action will enable us to prove the facts in a single lawsuit rather than in numerous individual lawsuits. This has obvious benefits to the class members and to the courts.
How long does it take for a class action to be resolved?
There is no timeframe. We will move the case forward diligently but it can take a considerable period of time to reach trial.
Can a class action lawsuit be settled without going to trial?
Many class actions settle and thereby remove the need for a trial. However, we cannot predict with any certainty whether or not there will be a settlement in a given action.
What are the chances of winning the action?
The chances of “winning” can never be accurately predicted.
Will be liable for any costs or legal fees?
Class action lawsuits are typically brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.
Disbursements (i.e. out-of-pocket expenses, including expert reports) may be dealt with in one of two ways.
Most commonly, the lawyers will absorb the cost of disbursements. The lawyers may seek funding assistance from the Class Proceeding Fund, which may provide funding for disbursements if granted.
In some cases, disbursements may be funded by the class members, including the class representative. This typically occurs in smaller class actions brought on behalf of an organization or network of individuals where each member of the class is easily identifiable and known to the representative plaintiff. If the class action is successful, amounts advanced for disbursements are re-paid from the proceeds of any judgment or settlement to class members (and others).
Will I be liable for costs of the action if it is unsuccessful?
Only the class representative may be liable for costs of the common issues portion of the action if it is unsuccessful.
When can I expect to receive a payout from this class action?
A “payout” or an award for damages is never certain.
The action may settle or it may proceed to trial, at which time a judge will determine the amount of damages, if any, to which the class members are entitled to. Regardless, the amount of “payout” cannot be predicted, and we cannot predict when the action may settle or when the trial will conclude.
How will counsel keep me updated on the progress of the case?
If the lawsuit is certified as a class action, you will receive a formal notice from the court explaining the nature of the case and providing you with the opportunity to opt out if you wish. General information about the lawsuit will be posted on Sotos LLP’s website at https://www.sotosclassactions.com.
Where can I send any documents that I have that may be relevant to a class action?
We ask that you keep a copy of any documents, correspondences, records, invoices, receipts, etc. that you feel might be relevant to your individual claim in the class action. If there is a “payout,” this documentation may be required in order to support your claim for compensation.
It is not required that you send any documents to us at this time.