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Bank Of Nova Scotia Class Action

Beament Hebert Nicholson LLP has issued a Class Action lawsuit on behalf of persons who provided personal information to the Bank of Nova Scotia for the purpose of obtaining credit or opening an account and were contacted by the Bank of Nova Scotia or Scotiabank in or about June of 2012 and advised that their personal information may have been provided by a former employee of the bank to third parties for possible fraud or other purposes.

The claim seeks three million dollars in compensation from the Bank of Nova Scotia and its former employee, Richard Wilson, relating to the alleged privacy breach.

See below under Related Documents to review a copy of the class action Statement of Claim (as amended) that was filed on August 24, 2012.

The lawsuit was certified as a Class Action by Order of Justice Robert Smith on June 6, 2014. See below under Related Documents to review a copy of the Certification Order.

Anyone who meets the following requirements qualifies as a member of the class proceeding:
persons who:

(i) reside in Canada;

(ii) provided personal information, which may include, but is not limited, to their name, financial and employment information, date of birth, address and telephone number or government identification numbers, to the defendant The Bank of Nova Scotia for the purpose of obtaining credit or opening an account; and

(iii) who received a letter or telephone call from The Bank of Nova Scotia or Scotiabank in or about June of 2012 in which they were advised that there was a risk that their personal information may have been provided by a former employee of The Bank of Nova Scotia to third parties for possible fraud or other purposes.

Justice Smith certified five common issues relating to the liability of the Defendants. The common issues certified can be found in the Certification Order under Related Documents, below.

Known Class Members will be receiving a copy of the Notice of Certification by regular mail. A copy of the court-approved Notice of Certification can be found below under Related Documents.

If Class Members do not wish to be part of the lawsuit, they must opt out of the lawsuit. Completed Opt Election Forms must be received by Beament Green on or before August 24, 2015.

February 18, 2016 – A potential settlement has been reached which is subject to Court approval. The settlement approval hearing has been scheduled to be heard by the Court on May 13, 2016. The details of the settlement can be found in the Notice of Settlement Approval Hearing document below.

Update – May 13, 2016 – As class members were advised in our Notice of Settlement Approval Hearing, the motion to have the proposed settlement approved by the Court was scheduled to be heard on May 13, 2016. Unfortunately, due to unforeseen circumstances, the judge who must hear the motion was not available, and the motion was required to be rescheduled. The settlement approval hearing will now be heard on June 17, 2016. You will find a copy of the Court’s endorsement of May 13, 2016, below.

Update – June 10, 2016 – Further to our recent update and the Court’s Endorsement of May 13, 2016, below, we have just been advised by the Court that the settlement approval hearing will now be heard at 9:00 a.m. on June 17, 2016.

Update – June 21, 2016 – At the Settlement Approval Hearing on June 17, 2016, the Court approved the settlement reached in this matter. Details of the settlement were previously set out in the Notice of Settlement Approval Hearing document below. Further information regarding the approval of the settlement will be provided shortly.

Update – June 29, 2016 – At the Settlement Approval Hearing on June 17, 2016, the Court approved the settlement reached in this matter. Details of the settlement were previously set out in the Notice of Settlement Approval Hearing document below. A copy of the Notice of Court’s Approval of the Settlement and a copy of the Judgment of Approval of Justice Smith, dated June 17, 2016, approving the settlement can be found below.

For more information

If you would like to learn more about this class action, you can contact us by email at bnsaction@beament.com or by calling Michael Hebert or Cheryl Gerhardt McLuckie at 613-241-3400.

Related documents

Notice of Certification

Class Action Certification Decision

Certification Order

Amended Amended Statement of Claim

Endorsement – May 13, 2016

Notice of Court Approval of Settlement

Judgment of Approval – June 17, 2016