FAQS
What are these Class Actions about?+
Class action lawsuits were commenced in Ontario and Quebec arising out of a cybersecurity incident that occurred on May 28, 2018 involving the personal information of BMO customers. BMO customers were notified by letter if they are a member of this Class Action.
What settlements have been achieved in the Class Actions?+
A settlement is when a Defendant agrees to pay money to the members of the class action in exchange for being released from the case.
A settlement was reached with BMO and approved by the courts in Ontario and Quebec. If you received a notification that you are a part of the class, you are automatically included in this Class Action, unless you took steps to opt-out (or exclude yourself) from the case.
What is the amount available for distribution?+
There are two (2) pools of funds in the settlement agreement with BMO: a fixed fund and a claimable fund. The fixed fund totals $12,757,540.00 CAD, less class counsel fees, disbursements, interest and taxes. The claimable fund totals $8,465,353.00 CAD, less class counsel fees, disbursements, interest and taxes.
The Ontario and Quebec courts approved a protocol for distributing the Net Settlement Amount. A copy of the Distribution Protocol is available under the Documents tab.
Who is eligible to claim?+
Update as of December 18, 2023:
CONFIRMATION OF ADDRESS AND LIMITED EXTENSION OF CLAIMS PERIOD: Some correspondence sent to class members in 2022 was undeliverable and returned to the class action administrator. If BMO had e-mail addresses for these people, e-mails were sent by class counsel in July 2023 to those persons only to ask that they (i) confirm their correct mailing address so that a cheque can be mailed, if applicable, and (ii) to provide an extension of time to make an additional claim for claimable funds by no later than September 12, 2023, if you qualify. The deadline has now expired. We are no longer accepting claims.
STATUS OF CLAIMABLE CHEQUES: For those class members who submitted a valid claim for additional claimable funds by no later than April 11, 2022, the cheques were mailed on July 10, 2023. Please cash these cheques as soon as possible, as they will be stale-dated and cannot be deposited after January 3, 2024. For those class members who submitted a valid claim for additional claimable funds by no later than September 12, 2023, the cheques were mailed on December 18, 2023. Please cash these cheques as soon as possible, as they will be stale-dated and cannot be deposited after June 12, 2024.
As described in the BMO settlement, there are four (4) groups of claimants:
- Group 1 claimants are BMO clients whose personal information, including date of birth and SIN, were posted online by unauthorized individuals.
- Group 2 claimants are BMO clients whose date of birth and SIN were accessed by unauthorized individuals.
- Group 3 claimants are BMO clients whose personal information not including date of birth and SIN were accessed by unauthorized individuals.
- Group 4 claimants are BMO clients who had unauthorized transactions recorded in their accounts.
Group 1, 2 and 4 claimants will automatically receive a cheque to compensate for time spent to address the data incident, as follows:
| Group | Fixed amount for: | Per claimant (CAD) |
|---|---|---|
| Group 1 | 20 hours of time | $1,000 (less counsel fees and disbursements) |
| Group 2 | 8 hours of time | $144 (less counsel fees and disbursements) |
| Group 4 | 15 hours of time | $270 (less counsel fees and disbursements) |
If a Group 1 or 2 claimant spent more time to address the data incident, they may claim for additional compensation as follows:
| Group | Additional claimable amount (CAD) for: |
|---|---|
| Group 1 | Up to 3.5 additional hours at $18/hr (i.e. up to $63) (less counsel fees and disbursements) |
| Group 2 | Up to 3.5 additional hours at $18/hr (i.e. up to $63) (less counsel fees and disbursements) |
Group 3 claimants will not automatically receive a cheque; they must make a claim for up to 5 hours of time at $18/hr to address the data incident, as described below.
| Group 3 | Up to 5 hours at $18/hr (i.e. up to $90) (less counsel fees and disbursements) |
How will the settlement funds be distributed?+
Update as of December 18, 2023:
CONFIRMATION OF ADDRESS AND LIMITED EXTENSION OF CLAIMS PERIOD: Some correspondence sent to class members in 2022 was undeliverable and returned to the class action administrator. If BMO had e-mail addresses for these people, e-mails were sent by class counsel in July 2023 to those persons only to ask that they (i) confirm their correct mailing address so that a cheque can be mailed, if applicable, and (ii) to provide an extension of time to make an additional claim for claimable funds by no later than September 12, 2023, if you qualify. The deadline has now expired. We are no longer accepting claims.
STATUS OF CLAIMABLE CHEQUES: For those class members who submitted a valid claim for additional claimable funds by no later than April 11, 2022, the cheques were mailed on July 10, 2023. Please cash these cheques as soon as possible, as they will be stale-dated and cannot be deposited after January 3, 2024. For those class members who submitted a valid claim for additional claimable funds by no later than September 12, 2023, the cheques were mailed on December 18, 2023. Please cash these cheques as soon as possible, as they will be stale-dated and cannot be deposited after June 12, 2024.
Please see “Who is eligible to claim?” FAQ above.
All members of Groups 1, 2 and 4 will automatically receive a cheque by mail. The cheque represents time spent addressing issues arising from the data breach incident. If members of Groups 1 and 2 spent more time than indicated to address the data incident, they may claim for additional compensation.
Group 3 claimants will not automatically receive a cheque. They must make a claim for up to 5 hours of time to address the data incident.
How do I file a claim?+
Update as of December 18, 2023:
CONFIRMATION OF ADDRESS AND LIMITED EXTENSION OF CLAIMS PERIOD: Some correspondence sent to class members in 2022 was undeliverable and returned to the class action administrator. If BMO had e-mail addresses for these people, e-mails were sent by class counsel in July 2023 to those persons only to ask that they (i) confirm their correct mailing address so that a cheque can be mailed, if applicable, and (ii) to provide an extension of time to make an additional claim for claimable funds by no later than September 12, 2023, if you qualify. The deadline has now expired. We are no longer accepting claims.
STATUS OF CLAIMABLE CHEQUES: For those class members who submitted a valid claim for additional claimable funds by no later than April 11, 2022, the cheques were mailed on July 10, 2023. Please cash these cheques as soon as possible, as they will be stale-dated and cannot be deposited after January 3, 2024. For those class members who submitted a valid claim for additional claimable funds by no later than September 12, 2023, the cheques were mailed on December 18, 2023. Please cash these cheques as soon as possible, as they will be stale-dated and cannot be deposited after June 12, 2024.
Settlement Class Members in Groups 1, 2 and 3 who wish to apply for compensation under the settlements must apply no later than April 11, 2022. Claims that are not made before the deadline may not be eligible for compensation.
What is the deadline to file a claim?+
Update as of December 18, 2023:
CONFIRMATION OF ADDRESS AND LIMITED EXTENSION OF CLAIMS PERIOD: Some correspondence sent to class members in 2022 was undeliverable and returned to the class action administrator. If BMO had e-mail addresses for these people, e-mails were sent by class counsel in July 2023 to those persons only to ask that they (i) confirm their correct mailing address so that a cheque can be mailed, if applicable, and (ii) to provide an extension of time to make an additional claim for claimable funds by no later than September 12, 2023, if you qualify. The deadline has now expired. We are no longer accepting claims.
STATUS OF CLAIMABLE CHEQUES: For those class members who submitted a valid claim for additional claimable funds by no later than April 11, 2022, the cheques were mailed on July 10, 2023. Please cash these cheques as soon as possible, as they will be stale-dated and cannot be deposited after January 3, 2024. For those class members who submitted a valid claim for additional claimable funds by no later than September 12, 2023, the cheques were mailed on December 18, 2023. Please cash these cheques as soon as possible, as they will be stale-dated and cannot be deposited after June 12, 2024.
The claim deadline is April 11, 2022.
When can I expect to receive my payment?+
Update as of December 18, 2023:
CONFIRMATION OF ADDRESS AND LIMITED EXTENSION OF CLAIMS PERIOD: Some correspondence sent to class members in 2022 was undeliverable and returned to the class action administrator. If BMO had e-mail addresses for these people, e-mails were sent by class counsel in July 2023 to those persons only to ask that they (i) confirm their correct mailing address so that a cheque can be mailed, if applicable, and (ii) to provide an extension of time to make an additional claim for claimable funds by no later than September 12, 2023, if you qualify. The deadline has now expired. We are no longer accepting claims.
STATUS OF CLAIMABLE CHEQUES: For those class members who submitted a valid claim for additional claimable funds by no later than April 11, 2022, the cheques were mailed on July 10, 2023. Please cash these cheques as soon as possible, as they will be stale-dated and cannot be deposited after January 3, 2024. For those class members who submitted a valid claim for additional claimable funds by no later than September 12, 2023, the cheques were mailed on December 18, 2023. Please cash these cheques as soon as possible, as they will be stale-dated and cannot be deposited after June 12, 2024.
Cheques for fixed amounts due to Group 1, 2 and 4 claimants were mailed in January 2022. Additional claimable funds are expected to be paid as soon as practicable after the claims evaluations are completed, after April 11, 2022. Please check this website for regular updates.
How will I receive payment?+
Update as of December 18, 2023:
CONFIRMATION OF ADDRESS AND LIMITED EXTENSION OF CLAIMS PERIOD: Some correspondence sent to class members in 2022 was undeliverable and returned to the class action administrator. If BMO had e-mail addresses for these people, e-mails were sent by class counsel in July 2023 to those persons only to ask that they (i) confirm their correct mailing address so that a cheque can be mailed, if applicable, and (ii) to provide an extension of time to make an additional claim for claimable funds by no later than September 12, 2023, if you qualify. The deadline has now expired. We are no longer accepting claims.
STATUS OF CLAIMABLE CHEQUES: For those class members who submitted a valid claim for additional claimable funds by no later than April 11, 2022, the cheques were mailed on July 10, 2023. Please cash these cheques as soon as possible, as they will be stale-dated and cannot be deposited after January 3, 2024. For those class members who submitted a valid claim for additional claimable funds by no later than September 12, 2023, the cheques were mailed on December 18, 2023. Please cash these cheques as soon as possible, as they will be stale-dated and cannot be deposited after June 12, 2024.
Cheques will be mailed via Canada Post regular mail.
Who is the Claims Administrator?+
The courts have appointed Epiq Class Action Services Canada Inc. (an independent third party) to receive and review claims, determine eligibility for payments, and issue payments to eligible Settlement Class Members.
Questions regarding the claims process should be directed to Epiq Class Action Services Canada Inc. at 1 (833) 683-5861 or info@BMOSettlement.ca.
Who are the lawyers in this action?+
The law firms of Siskinds and Sotos and JSS Barristers represent Settlement Class Members in all provinces other than Quebec. The law firm of Siskinds Desmeules represents Settlement Class Members in Quebec.
Siskinds LLP can be reached at: Website: https://www.siskinds.com/class-action/bmo-simplii-financial-privacy-breach/ Telephone (toll-free): 1-877-672-2121 Email: BMOPrivacy@siskinds.com
Sotos LLP can be reached at: Website: https://sotosclassactions.com/cases/current-cases/bmo-simplii/ Telephone: 1-888-977-9806 Email: kwhibley@sotos.ca
JSS Barristers can be reached at: Website: https://jssbarristers.ca/class-actions/bmo-bank-of-montreal-class-action/ Telephone: 403-571-1542 Email: qureshik@jssbarristers.ca
Siskinds Desmeules can be reached at: Website: https://www.siskinds.com/class-action/atteinte-a-la-vie-privee-des-clients-de-bmo-et-de-simplii-financial/?lang=fr Telephone: 1-877-735-3842 Email: recours@siskinds.com
How are the lawyers paid?+
You do not need to pay out-of-pocket for the lawyers working on the Class Actions. The lawyers were paid from the settlement funds in the amount approved by the courts.