On February 1, 2021, Laurentian University of Sudbury commenced a Court proceeding seeking creditor protection to proceed with a formal restructuring process under the Companies’ Creditors Arrangement Act (“CCAA”). Under the terms of the CCAA proceeding, the litigation is currently stayed.
UPDATE: January 15, 2021
Press Release / Communiqué de presse
On October 19, 2021, a certification and settlement approval hearing took place at the Ontario Superior Court of Justice in respect of a settlement agreement with Spencer Brydges with respect to the above-noted action. On December 17, 2020 the Ontario Superior Court of Justice approved a settlement reached between the Plaintiff and Brydges and has certified the proceeding and dismissed the claims against the Defendant Brydges (Order / Endorsement). The Settlement has no impact on the litigation against Laurentian, which will continue to be litigated. The proposed class action against Laurentian has not been certified to proceed as a class action and the Plaintiff’s claims against Laurentian have not been evaluated on their merits. Laurentian denies all allegations against it. The contested certification motion against Laurentian has been scheduled for April 7-8, 2021.
WHAT ARE THE SETTLEMENT TERMS AND BENEFITS?
In exchange for dismissing the Class Action against Brydges, Brydges has agreed to cooperate with the Plaintiff by providing information regarding his role in the alleged data breach. There is no monetary benefit being paid as part of this settlement.
WHAT ARE MY OPTIONS REGARDING THE SETTLEMENT?
- Do Nothing. If you wish to continue to participate in the ongoing Class Action, you do not need to do anything at this time. If you do nothing, your rights will be affected and you will be legally bound by the terms of the Brydges Settlement Agreement. This means that you will give up your right to sue Brydges or Laurentian in your own action in relation to any claims you have relating to any of the issues raised in the lawsuit.
- Opt Out. If you do not want to be legally bound by the Brydges Settlement Agreement, you must exclude yourself from the Class Action by submitting an Opt-Out Form (English / French) by no later than March 16, 2021. If you exclude yourself from the action, you will not be eligible for any potential compensation arising from the Class Action.
UPDATE: May 7, 2020
On May 5, 2020, a notice was sent to all potential class members involved in the alleged data breach that occurred between January 21, 2017 and January 24, 2017. This notice was sent to all individuals who Laurentian University previously notified in early 2017 that such individual’s personal information may have been accessed in the alleged data breach. The potential class excludes members of the Laurentian University Faculty Association, members of the Laurentian University Staff Union, members of the Canadian Union of Public Employees, and senior management and executives of Laurentian University.
The notice dated May 5, 2020 advises that a settlement has been reached with one of the Defendants, Spencer Brydges. Click here to view a copy of the Settlement Agreement. The class action lawsuit will continue against Laurentian University.
On October 19, 2020, a certification and settlement approval hearing will be held at the Ontario Superior Court of Justice, at 10:00 am, at 80 Dundas Street, London, Ontario in respect of this settlement agreement with Spencer Brydges.
If you are a class member and you would like to comment on the terms of the Brydges Settlement Agreement, you may do so by submitting your comments to Epiq Class Action Services Canada Inc. no later than October 9, 2020. Further details regarding the objection process are contained in the notice dated May 5, 2020.
Between on or about January 21, 2017 and January 25, 2017, there was a security incident at Laurentian University wherein an individual gained access to the entire Laurentian electronic system. This security incident resulted in the personal and confidential information of approximately 2,000 Laurentian students being compromised, stolen, and/or disclosed.
If you received correspondence from Laurentian University advising you that your personal information has been compromised, please contact us directly by email or by phone at 1-844-672-5666 for further information. If corresponding by email, be sure to include your name, your telephone number and a brief message.