NOTICE OF PROPOSED SETTLEMENT AND SETTLEMENT APPROVAL HEARING
DID CATHAY PACIFIC NOTIFY YOU ABOUT A DATA INCIDENT ON OR AROUND OCTOBER 24, 2018?
THIS NOTICE MAY AFFECT YOUR LEGAL RIGHTS
A class action settlement has been reached between the parties in McLean v. Cathay Pacific Airways Limited, S.C.B.C. No. VLC-S-S-199228. The Supreme Court of British Columbia has certified the class action for the purposes of implementing the proposed settlement. The proposed settlement is a compromise of disputed claims and is not an admission of liability, wrongdoing or fault by the defendant. The settlement is subject to the approval of the court.
The court has appointed James Rodney McLean as representative plaintiff. Class Counsel are Hammerco Lawyers LLP, Mathew P Good Law Corporation and Evolink Law Group.
The defendant is Cathay Pacific Airways Limited (“Cathay Pacific”).
What is the case about?
The plaintiff alleges that between about 2014 and 2018, the defendant mismanaged the personal information of the Class Members, resulting in a data incident that was discovered in 2018 and announced on about October 24, 2018. The plaintiff sought to recover damages for himself and Class Members for alleged losses as a result of this conduct. The defendant denies the allegations.
Who are in the Class and affected by the settlement?
The Class consists of all Canadians and anyone resident in Canada whose personal information was accessed in the data incident disclosed by Cathay Pacific Airways Limited on October 24, 2018.
What are the terms of the settlement?
The settlement provides for the payment of CDN $1,550,000 by Cathay Pacific in exchange for a full release of all claims against it by the Class. The payment of the settlement amount is not an admission of liability, wrongdoing or fault by the defendant.
A further hearing will be held on June 7, 2021 to seek approval of the Settlement Agreement by the court. The hearing will take place in at 800 Smithe Street, Vancouver, B.C., before the Honourable Justice Kent.
If approved, the settlement will be binding on all members of the Class who do not opt out of the proceeding.
The full settlement terms are available at www.cxdataincident.ca.How do I participate?
If you want to be a member of this class action and participate in the settlement, you do not need to do anything. You are automatically included as a member of the Class, unless you opt out of the applicable proceeding.
What if I do NOT want to participate?
If you do not want to participate in the class action, you may exclude yourself (“opt-out”).
In order to opt-out, you must complete and sign an opt-out form and deliver it to Class Counsel by mail, courier, or email no later than April 23, 2021. The opt-out form is available at www.cxdataincident.ca.
Details on how to submit the opt-out form can be found in section 12 of the settlement agreement and the opt-out form.
The opt-out form must be emailed to [insert email address], or mailed or couriered to:
Hammerco Lawyers LLP
1220 – 1200 West 73rd Avenue
Airport Square
Vancouver, BC V6P 6G5
Attention: Alexia MajidiWill I receive compensation from this settlement?
If you have out-of-pocket losses or expenses because of the data incident, you can claim compensation. Claims must be made within six (6) months after the Court approving the settlement.
Under the terms of the Settlement Agreement, after the payment of notice costs, Class Counsel fees and disbursements, any honorarium to the representative plaintiff, the remaining funds will be held in trust by Class Counsel for six months. During this timeframe, Class Members may submit a claim to Class Counsel, with proof of direct losses, in accordance with the proposed Distribution Protocol (Schedule E of the Settlement Agreement), which is subject to court approval. All payments will be made in accordance with the Distribution Protocol only.
Claims that do not fall within the losses in section 13 of the Distribution Protocol will not be processed.
If the funds are insufficient to satisfy all claims, all claims will be proportionally reduced. Any remaining funds after distribution to eligible Class members will be donated to the Law Foundation of British Columbia.Will I receive compensation from this settlement?
Under the terms of their retainer agreement with the representative plaintiff, Class Counsel will seek approval of a fee of up to 35% of the settlement amount, plus disbursements and applicable taxes. Class Counsel will also seek payment of up to $2,500 as honourarium for the representative plaintiff.
Class Counsel fees, disbursements and any payments to the representative plaintiff are subject to court approval.Objections
All members of the Class have the right to let the court know of any objection they have to the approval of the Settlement Agreement, Distribution Protocol, Class Counsel fees or honorarium to the representative plaintiff by delivering a letter or written objection to Class Counsel on or before April 23, 2021. If a class member wishes to object, the following information must be included in the letter or written objection delivered to Class Counsel:
(a) The objector’s full name, current mailing address, telephone number and email address;
(b) A brief statement of the nature and reasons for the objection;
(c) That the objector is a member of the Class;
(d) Whether the objector intends to appear at the court hearing on their own behalf or through a lawyer, and if by a lawyer, the name, address, telephone number and email address of the lawyer; and
(e) A statement that the foregoing information is true and correct.
For more information or a copy of the Settlement Agreement, go to http://www.cathaydataincidentsettlement.com/.
You may also contact Class Counsel at [email] or [toll free number] or via mail at the following address:
Hammerco Lawyers LLP
1220 – 1200 West 73rd Avenue
Airport Square
Vancouver, BC V6P 6G5
Attention: Alexia Majidi
This notice has been authorized by the Supreme Court of British Columbia.
www.cxdataincident.ca