NISSAN CANADA DATA INCIDENT CLASS ACTION

Welcome to the Nissan Data Incident Class Action Settlement Website

In 2018, two class actions (the "Class Actions") were commenced, one in Ontario against Nissan Canada Inc., Nissan Canada Financial Services Inc., and Nissan North America, Inc. (“Nissan”) and the other, in Quebec against Nissan Canada Inc.. The lawsuits allege that Nissan is liable for damages resulting from an incident in which it received an anonymous email from an unknown attacker on or around December 11, 2017 claiming to have information about Nissan customers and demanding a ransom be paid to return the data (the “Data Incident”).

Nissan does not admit any of the allegations, and none of the allegations have been proven. The parties have instead decided to settle the lawsuit.

Case Names and Court File Numbers

"Ontario Action": Grossman, et al. v. Nissan Canada Inc., et al., Ontario Superior Court of Justice Court File No. CV-18-00590402-00CP

"Quebec Action": Levy v. Nissan Canada Inc., Superior Court of Quebec Court File No. 500-06-000907-184

Am I a Settlement Class Member?

Members of the settlement class in the Quebec Action include:

  1. Residents in Quebec who had an active lease or loan with Nissan between December 22, 2016 and January 12, 2017;
  2. Residents in Quebec who receive a letter from Nissan in January 2018 informing them of the Data Incident.

Members of the settlement class in Ontario Action include:

  1. Residents in the rest of Canada (excluding Quebec) who had active leases or loans with Nissan between December 22, 2016 and January 12, 2017.

Approved Settlement

The parties have negotiated a settlement of the Class Actions (the "Settlement"). Under the Settlement, Nissan has agreed to provide a settlement fund of CAD $1,820,000.00 to pay settlement class member claims, as described below.

The Settlement has been approved by the Ontario and Quebec Courts. Settlement class members are eligible to submit a claim form for either a "Documented Claim" or an "Undocumented Claim".

  1. Documented Claims: settlement class members who have suffered damages, losses, costs and/or unreimbursed expenses caused by the Data Incident and who submit a claim form evidencing (i) their membership in the settlement class; and (ii) documented damages incurred as a result of the Data Incident (including as a result of having received a letter informing them of the Data Incident in the Quebec Action), would be eligible for the reimbursement of such damages up to CAD $2,500.

  2. Undocumented Claims: settlement class members who do not have documentation or proof of damages and who submit a claim form establishing their membership in the settlement class would be entitled to up to CAD $35 for reimbursement of lost time.

Submitting a Claim

To receive settlement benefits, you must submit a completed claim form. If you do not submit a claim before the October 21, 2024 deadline, you will not be eligible to receive payment in the class action.

To submit a claim form online, click here.

More Information

A copy of the Settlement Agreement, other relevant judgement, notices and forms may be found under the Case Documents tab.