Important Update

Settlement cheques and credit monitoring codes were sent to class members on January 6, 2025.

More information on the settlement can be found below.

Agromart & Sollio AG Privacy Breach Class Action

Court:
Ontario Superior Court of Justice

Class Members:
This class action is brought against Agromart and Sollio AG on behalf of all Canadians whose personal information was collected and stored on the computer system in the control of the defendants, and that was compromised or accessed in the Breach.

The content of this page has not been approved by the Court nor does it constitute legal advice. It is for the purpose of providing general information only.

Case Contacts

Foreman & Company launched a class action in relation to a cyber-attack on the computer systems of Agronomy Company of Canada Ltd (“Agromart”) and its parent company Sollio Agriculture LP (“Sollio AG”, together with Agromart, the “Defendants”) that occurred on or about May 27, 2020 (the “Breach”).

Important Update

The Settlement Agreement

A settlement has been reached whereby the Defendants have agreed to pay $500,000, all inclusive, from which cash compensation and the funding of a 5 year credit monitoring and identity theft protection plan will be provided to eligible class members.

The settlement is not an admission of liability by the Defendants, rather it is a negotiated compromise of both parties’ positions.

The settlement was approved by the Court on May 28, 2024 and resolves this action in its entirety. At the same time the Court also approved the payment of Class Counsels’ legal fees, disbursements, settlement administration expenses and tax, to be paid from the settlement amount.

A copy of the Court’s orders for settlement approval and fee approval can be found below.

Who is included in the Settlement?

The settlement was approved by the Court to include:

all persons residing in Canada, whose Personal Information was stored on the computer systems of the Defendant’s that were potentially compromised or accessed in the Breach, excluding senior executives, officers, directors and managers of the Defendants, to whom the Defendants previously provided notice of the Breach and who are alive as of the date of the Settlement Approval Order; and Class Member means any one thereof

Opting Out

Class members had the right to exclude themselves from the class action and settlement by opting out. The deadline to opt out was July 17, 2024. There will be no further opportunity to opt out.

Distribution of Settlement Funds

The Court approved a “Distribution Protocol” which governs how the settlement funds are to be distributed among class members. The Distribution Protocol can be viewed in the Documents section below.

Eligible class members were issued a settlement cheque and an activation code for a 5-year credit monitoring and identity theft protection plan in accordance with the Distribution Protocol by the Court appointed Claims Administrator on January 6, 2025.

The cheques and credit monitoring information were distributed by mail. If you are an eligible class member and have not received your cheque and credit monitoring information by January 21, 2025, please contact the Claims Administrator for assistance at 1-888-726-1789 or agromartclassaction@ricepoint.com.

Settlement cheques must be deposited by July 6, 2025.

Case Overview

The action alleged that hackers were able to penetrate Agromart and Sollio AG’s systems due to substandard cybersecurity systems. The hackers then extracted the confidential and sensitive personal information of thousands of Canadian farmers and made it accessible to malicious actors on the dark web. The action alleged that the amount of personal information that the Defendants acquired from their customers, and carelessly stored, exceeds the amount of information that was reasonably necessary for their operations.

The action alleged that Agromart and Sollio AG were negligent, invaded the class members’ privacy, and committed various statutory breaches, and sought damage for the affected class members.

Who Represents Me?

The Court appointed Claims Administrator should be the first point of contact for all eligibility and payment related inquiries. The Claims Administrator can be reached at:

Agromart Cyber-Security Privacy Breach Class Action
c/o Verita (formerly RicePoint Administration Inc.)
P.O. Box 3355
London, ON N6A 4K3
Email: agromartclassaction@ricepoint.com
Phone: 1.888.726.1789

Any questions related to credit monitoring can be directed to Equifax at the contact particulars provided to you in your package from the Claims Administrator.

All other case related inquiries should be directed to:

Foreman & Company
Attention: Agromart Class Action
4 Covent Market Pl
London, ON N6A 1E2
Email: classactions@foremancompany.com
Phone: 519.914.1175 x 107