TORONTO , Aug. 9, 2019 /CNW/ – In February 2018 , a proposed national class action was commenced against The Personal Insurance Company. The plaintiff, Mr. Haikola, asserted that The Personal had breached certain terms of the Personal Information Protection and Electronic Documents Act if credit scores were accessed as part of The Personal’s claims management process when its insureds made claims under their automobile insurance policy.
The parties have negotiated a settlement of this action, in the total amount of $2,200,000 . The settlement will not be enforceable until it is approved by the Court.Â There will be a hearing to obtain the Court’s approval of the settlement on Monday, October 7, 2019 at the courthouse, 130 Queen Street West, Toronto, ON at 10:00 am . At the hearing, Class Counsel will also seek approval for payment of their legal fees from the settlement fund in the amount of $500,000 plus disbursements and taxes, and for payment of a stipend to Mr. Haikola for the efforts he undertook to pursue this action for the benefit of the class.
A settlement is a compromise of disputed claims in order to achieve an early full and final resolution of the action, without any admission or findings of liability or wrongdoing against the defendants.Â The defendants deny any liability or wrongdoing, and if the settlement is not approved, they will defend the action.Â
If approved, the settlement fund will be paid out on a pro rata basis to all class members who submit valid claims. Any class member who remains a policyholder will automatically receive payment and will not have to submit a claim form. There are approximately 8,525 class members, meaning that if every class member receives a payment, then each would receive approximately $150 .Â
Notice of this action will be sent directly to all identified class members at their last known address. Anyone who does not receive a notice and believes that they are a class member should contact Class Counsel and provide them with their updated contact information, so that notice of the settlement approval and a claim form can be delivered to them directly.
If any class member objects to the settlement or the fees sought by Class Counsel, then they may write to Class Counsel and explain their reasons for objecting, and the objection will be brought to the attention of the Court at the approval hearing on October 7, 2019 .
Details of the settlement are available at http://personalprivacyclassaction.ca.
Waddell Phillips Professional Corporation are Class Counsel, and can be reached at the address below for further information regarding the class action or the settlement.
About Waddell Phillips PC
Waddell Phillips Professional Corporation is a boutique law firm, specializing in plaintiff-side class actions.Â The principals of the firm have helped victims in a wide range of class actions, including product liability, consumer protection, aboriginal residential schools, franchise disputes, and securities misrepresentations.
SOURCE Waddell Phillips Professional Corporation
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