Update – November 16, 2023:
The British Columbia Supreme Court dismissed a defendant’s application to decertify the class action. You can read the decision here: Tucci v Peoples Trust Company, 2023 BCSC 2004. The parties now intend to proceed with discoveries followed by a summary judgment motion and/or common issues trial. We will provide further updates as this matter progresses.
Update – August 31, 2020:
The BC Court of Appeal released its decision on certification, allowing both the appeal and cross-appeal in part, but upholding certification. The decision can be found here: Tucci v. Peoples Trust Company, 2020 BCCA 246.
Update – October 17th, 2018:
The plaintiff and the defendant each appealed portions of the certification order. Arguments were heard before the BC Court of Appeal on October 17th, 2018. Once the Court of Appeal releases its decision, it will be posted to this website.
Update – September 21st, 2017:
The defendant has appealed the British Columbia Supreme Court’s decision certifying the action. The plaintiffs have cross-appealed the Judge’s decision not to certify certain claims of breach of confidence and issues relating to the assessment of aggregate damages. A date for the appeal hearing has not been set.
Update – August 29th, 2017:
The British Columbia Supreme Court certified the action on August 29th, 2017. Click here to read the Court’s decision. The lawsuit may now proceed as a class action.
Update – November 19th, 2013:
On October 25th, 2013, Peoples Trust Company (“PTC”) notified about 12,000 to 13,000 individuals of a risk of identity theft due to unauthorized access to a database used to collect their online application information on PTC’s website (“Notice”). The database was compromised by cybercriminals located in the People’s Republic of China. PTC discovered the breach when its customers complained of “phishing” attempts – text messages from an individual falsely claiming to represent PTC and asking the message recipient to provide their account details.
The Notice states that the personal information that may have been accessed includes customer names, addresses, telephone numbers, email addresses, dates of birth and social insurance numbers. The Notice states that PTC has arranged for a flag to be placed on the credit files of affected individuals for a period of 6 years to alert companies accessing their credit information of the data compromise.
On November 18th, 2013, the law firms of Branch MacMaster LLP, Sutts, Strosberg LLP, and Charney Lawyers commenced a national class action against PTC on behalf of all persons in Canada whose personal information was compromised.
Individuals who received the Notice may be entitled to compensation for the breach of their privacy, damages for identity theft and/or damages to their credit reputation, damages for the costs incurred to prevent identity theft, damages for the time spent changing your personal information, damages for emotional distress/inconvenience, and/or compensation for out of pocket expenses.
We will continue to update this website as developments occur.