Re: Durham Region class action settlement approved by court

Please read this notice carefully. You may be included in a class action lawsuit and may be able to make a claim under the settlement agreement. Your legal rights may be affected.

WHAT IS THIS ABOUT?

You are receiving this notice because your personal information was on a USB key that was lost on December 16, 2009. A class action lawsuit was filed in the Ontario Superior Court of Justice by John Sherlock Rowlands, the representative plaintiff. A settlement agreement was reached on July 3, 2012. That settlement agreement has been approved by Mr. Justice Lauwers on July 3, 2012 as being fair, reasonable, and in the best interest of the class.

SHOULD I MAKE A CLAIM?

If you suffered economic harm because of the loss of your personal information, you may make a claim. If you make a claim, Durham Region may take steps to mitigate any economic harm that you suffered. If you are not satisfied with the steps taken by Durham Region, you can continue your claim. The claims administrator may order Durham Region to pay you compensation.

DO I HAVE TO PAY ANYTHING OUT OF MY POCKET TO TAKE PART?

No. The lawyers initial fees will be paid out of the costs paid by the Durham Region. The lawyers will also receive 25% of each award that is made. The fees have been approved by the court as fair and reasonable.

HOW DO I TAKE PART?

You can make a claim if you suffered economic harm because of the loss of your personal information. You will have to fill in a claim form and provide supporting documents to show that you suffered an economic harm, and that the harm was caused by the loss of your personal information. The claim form is available on the class action website www.durhamregionclassaction.com If you want to make a claim, you must do so before August 2, 2016.

 

WHAT HAPPENS THEN?

If your claim is approved, Durham Region will have 90 days to mitigate the harm you have suffered. If you want your claim to continue, you have to cooperate with Durham Region in its efforts to mitigate the harm you have suffered.

If you are happy with the steps taken by Durham Region to mitigate the harm you have suffered, you can withdraw your claim within 30 days.

WHAT IF I AM NOT HAPPY WITH THE STEPS TAKEN?

If you do not withdraw your claim, Durham Region has 30 days to make a response to your claim, which can include affidavit evidence and legal arguments. When you get the response, you have 30 days to reply to it or withdraw your claim. Otherwise, your claim will be considered based on the information you have already provided.

The claims administrator will then determine whether you suffered harm, if the harm was caused by the data loss, if the harm was mitigated and if you cooperated with the mitigation efforts, and if monetary compensation is appropriate.

WHO IS THE LAWYER FOR THE CLASS? HOW CAN I FIND OUT MORE?

Flaherty Dow Elliott & McCarthy are Class Counsel. Please direct any questions to: info@durhamhealthclassaction.com

To view the Certification Order of Mr. Justice P. Lauwers dated April 26, 2011, please click here.
 
To view the Settlement Approval Order of Mr. Justice Lauwers dated July 4, 2012, please click here
 
To view the Reasons for Settlement Approval by Mr. Justice Lauwers dated July 4, 2012, please click here.
 
To make a Claim pursuant to the Settlement Agreement, please click here.
 
To appeal the decision of the Claims Administrator, please click here.
Instant SSL Certificate