NOTICE OF CERTIFICATION, SETTLEMENT APPROVAL, OPT OUT AND DISTRIBUTION OF SETTLEMENT FUNDS
Agromart Cyber-Security Privacy Breach Class Action
The Court has certified this case as a class action for settlement purposes and approved the settlement reached to resolve a class action lawsuit arising from a cyber-attack and privacy breach that affected the computer systems of Agronomy Company of Canada (“Agromart”) on or about May 27, 2020. The other defendant, Sollio Agriculture LP (“Sollio AG”), is Agromart’s parent company.
You have been identified as somebody whose personal information may have been affected by this privacy breach, and therefore you are part of this class action lawsuit (known as a “Class Member”).
Settlement Approval
A settlement resolving this action was approved by the Court on May 28, 2024. Under the terms of the settlement, Agromart and Sollio AG have paid a settlement fund totaling CAD $500,000, all-inclusive, from which cash compensation and the funding of a 5-year credit monitoring and identify theft protection plan will be provided to participating Class Members. Legal fees, disbursements, settlement administration expenses, and taxes will also be funded from the settlement amount.
Opting Out of the Proceedings
Class Members have the right to exclude themselves from the action (“opt out”). If you opt out, you will not be eligible to participate in, or receive money from, the settlement, but you may be able to start or continue your own claim regarding the issues raised in the Class Action. If you do nothing, you will be eligible to participate in, and receive money from, the settlement, but you will not be able to start or continue your own case regarding the claim at issue.
If you DO NOT want to be a Class Member in the action, your opt-out form must be postmarked by July 17, 2024 at the latest (the “Opt-Out Deadline”). For complete instructions on how to opt out, please view the long-form Notice at https://waddellphillips.ca/class-actions/sollio-ag-and-agromart-class-action/ or https://www.foremancompany.com/agromart-sollio-privacy-breach.
Distribution of Settlement Funds
The settlement amount, minus Court-approved legal fees, disbursements, settlement administration expenses, and taxes as well as an honorarium award to the lead plaintiff, will be distributed to eligible Class Members who have not validly opted out of the action following the Opt-Out Deadline. There is no requirement to file a claim form. Cheques and credit monitoring activation information will be distributed to Class Members by mail following the Opt-Out Deadline. Please ensure that you notify the Claims Administrator (RicePoint Administration Inc., 1-888-726-1789 or agromartclassaction@ricepoint.com) if your mailing address needs to be updated.
For more information on the distribution of funds, including the most up-to-date information on anticipated timing for distribution of settlement benefits, please visit https://waddellphillips.ca/class-actions/sollio-ag-and-agromart-class-action/ or https://www.foremancompany.com/agromart-sollio-privacy-breach.
Read the Privacy Guide
Questions about this Notice, the class action, or the settlement can be made to:
Waddell Phillips Professional Corporation
36 Toronto Street, Suite 1120
Toronto, ON M5C 2C5
reception@wadellphillips.ca
Tel.: 1-888-684-5545 (toll free)
Foreman & Company
4 Covent Market Place
London, ON N6A 1E2
info@foremancompany.com
Tel.: 1-855-814-4575 (toll free)