This class action is brought against Nissan Canada, Nissan Canada Finance, Nissan North America for mainly breach of privacy, breach of contract and negligence, as well as vicarious liability for the intrusion upon seclusion committed by their unknown employee.
An undated letter which many received in January 2018 from Nissan Canada was sent to customers indicating that on December 11, 2017 Nissan discovered a data breach.
The letter does not indicate when or how the breach occurred.
The impacted private data, according to the letter, included:
- Customer names
- Vehicle make and model
- Vehicle identification number (VIN)
- Credit score
- Loan amount
- Monthly payment
On October 29, 2019, Superior Court of Justice Edward Belobaba released his reasons granting the Plaintiffs’ motion for certification of the action to proceed as a class action. The reasons can be accessed here.
In Courts view, the most appropriate class definition for certification is: “All persons resident in Canada, including their estates, executors or personal representatives but excluding persons resident in Quebec, who (1) provided personal information to one or more of the defendants (or any of their affiliates or subsidiaries) when financing a lease or purchase of a Nissan vehicle over the five years ending on December 11, 2017 and (2) received a notice letter from Nissan about the December 2017 data breach.”
The law firms of Landy Marr Kats, McKenzie Lake, & Du Vernet, Stewart commenced the class action.If you want any further information about this class action, join the class action list here.