BMO/Simplii Data Breach Class Action Case - Sotos Class Actions
OVERVIEW

BMO/Simplii

This action is on behalf of all current or former Bank of Montreal (“BMO”) and CIBC (operating as “Simplii”) customers whose personal information was exposed to appropriation by hackers as a result of a security breach disclosed on May 28, 2018.

The action is based on a cybersecurity privacy breach affecting sensitive personal financial information of tens of thousands of customers of BMO and Simplii.  It claims damages and relief on behalf of all BMO and Simplii customers affected by the privacy breaches.

Click here to read the BMO statement of claim and click here to read the CIBC/Simplii statement of claim.

The settlements with BMO and Simplii have been approved by the courts. The settlement funds will be distributed within the next 3-6 months.

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Updates
  • December 21, 2021: Simplii payments have been made by direct deposit. BMO settlement cheques are being mailed in January 2022. BMO has appointed Epiq as claims administrator, and Epiq will contact class members to advise them of the process for claiming additional funds.
  • June 2, 2021: The Quebec Superior Court of Justice approved the settlement with BMO. Please see reasons attached (in French). Please check this site for updates on timing of distribution of settlement funds, which is estimated to take place in 3-6 months.
  • April 20, 2021: The Ontario Superior Court of Justice approved the settlements with BMO and CIBC. The Court’s reasons can be found here and here.
    The proposed settlement with BMO is also subject to the approval of the Quebec Superior Court, which will be heard on May 31, 2021.
    Please check this page for updates on timing of distribution of the settlement funds, which is estimated to take place within approximately six months. You will hear directly from the bank about payments.
  • February 17, 2021: The February 2021 hearings to consider the BMO and CIBC settlements were adjourned (postponed) to new dates. The new Ontario hearing date is April 6, 2021. The new Quebec hearing date (in respect of BMO Quebec class members) is May 31, 2021. The deadline to opt-out of these settlements has passed.
  • December 15, 2020: The plaintiffs have entered into settlements with BMO and CIBC/Simplii. The Ontario Court will be asked to approve the settlements on February 19, 2021.
  • The BMO notice of settlement approval hearing is available here. BMO class members who wish to opt out of the settlement must complete and return an opt-out form by no later than February 10, 2021. BMO Distribution Protocol is available here.
  • The CIBC/Simplii notice of settlement approval hearing is available here. Simplii class members who wish to opt out of the settlement must complete and return an opt-out form by no later than February 15, 2021.
  • December 4, 2019: The plaintiffs’ certification motion currently scheduled for December 5-6, 2019 has been adjourned. It will be rescheduled at a later date.
  • October 11, 2019: The plaintiffs’ certification motion has been rescheduled to be heard December 5-6, 2019 in Ottawa. Further details can be found at http://www.ontariocourtdates.ca/ at 4:30 pm the day before the commencement of the hearing. If you have any questions about the certification motion, please contact class counsel for details.
  • April 3, 2019: The Ontario Superior Court of Justice is scheduled to hear the plaintiffs’ motion for certification of these actions on October 24-25, 2019. The motion will be heard in Ottawa, likely commencing at 10 am. Further details can be found at http://www.ontariocourtdates.ca/ at 4:30 pm the day before the commencement of the hearing. If you have any questions about the certification motion, please contact class counsel for details.
  • June 8, 2018: The BMO statement of claim was issued.
  • June 8, 2018: The CIBC/Simplii statement of claim was issued.
Contacts

Jean-Marc Leclerc

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David Sterns

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Karen Whibley

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