PSS Data Incident: Notice of Settlement Approval and Fee Approval Hearing
Please read this carefully, as it may affect your rights.
UPDATE: On April 11, 2014, Justice Walker approved the settlement and legal fees proposed in this action.
The following are the orders made after the hearing on April 11, 2024:
Class members wishing to make a claim must submit their claims before July 26, 2024. Information on how to make a claim can be found below.
NOTICE OF SETTLEMENT APPROVAL AND FEE APPROVAL HEARING
Are you a Canadian resident whose personal and private information was compromised as a result of a cyberattack perpetrated on SITA PSS in January and February of 2021?
THIS NOTICE AFFECTS YOUR LEGAL RIGHTS
A class action has been certified by the BC Supreme Court in MacCallum v. Air India et al, SBC No. VLC-S-S-218896 against the defendants for settlement purposes only on January 17, 2024.
The class action has been certified against the defendants Air India Limited, Societe Internationale de Telecommunications Aeronautiques, and SITA Passenger Service System (US) Inc. (the “Defendants”) on behalf of all Canadian residents whose personal and private information was compromised as a result of a cyberattack perpetrated on SITA PSS in January and February of 2021 (the “PSS Incident”).
How to make a claim:
If you believe you are a member of the Class, you are entitled to make a claim for compensation of any loss resulting from the PSS Incident substantiated by supporting documentation.
Class Members who submit a legitimate claim to class counsel may be eligible for compensation of any loss resulting from the PSS Incident substantiated by supporting documentation.
The details of how to make a claim for compensation are detailed in the Distribution protocol:
What is the class action about?
The lawsuit alleges that the Defendants were subject to a cyberattack, which resulted in a data breach whereby the personal information of certain airline passengers was exposed, in breach of those passengers’ privacy. The BC Supreme Court has appointed Anne Marie MacCallum as a representative plaintiff.
Through this settlement, none of the Defendants are admitting liability. Each of the Defendants deny the allegations, which have not been proven.
Who is in the Class and affected by the settlement?
This class action settlement applies to all Canadian residents whose personal and private information was compromised as a result of the PSS Incident, as defined above, and such residents’ successors, heirs, executors, administrators, insurers, and assigns (the “Class”).
The court has appointed Anne Marie MacCallum as a representative on behalf of the Class. Class Counsel are Hammerco Lawyers LLP and Evolink Law.
What are the terms of the settlement?
The settlement provides for a payment by the Defendants 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 any of the Defendants.
A further hearing will be held on April 11, 2024 to seek approval of the Settlement Agreement by the Court. The hearing will take place at 10am at the Supreme Court of British Columbia Vancouver Registry located at 800 Smithe Street, Vancouver, BC, before the Honourable Justice Walker.
If approved, the settlement will be binding on all members of the Class who do not opt out of the proceeding.
Copy of the settlement agreement and settlement documents
- Settlement Agreement (PDF)
- Notice – Long Form (PDF)
- Notice – Long Form (French)
- Notice – Long Form (Punjabi)
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 February 26, 2024.
Opt-out forms
Details on how to submit the opt-out form can be found in section 19 of the Settlement Agreement and the opt-out form.
The opt-out form must be emailed to pss-dataincident@hammerco.ca or mailed or couriered to:
Hammerco Lawyers LLP
400-2233 Columbia Street
Vancouver, BC
V5Y OM6
Attention: Alexia Majidi
What are the fee arrangements?
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 $1,500 as honorarium 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 March 11, 2024.
If a class member wishes to object, the following information must be included in the letter or written objection delivered to Class Counsel to the address above:
(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, with proof of the same;
(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.
Copy of relevant court documents and court order
- Notice of Application – Certification & Notice Approval (PDF)
- Order Made after Application (PDF)
- Notice of Civil Claim (PDF)
You may also contact Class Counsel at 604-269-8500 or via email or mail at the address above.
This notice has been authorized by the Supreme Court of British Columbia.