McLean v. Cathay Pacific Airways Limited
Mathew P Good Law Corporation
Hammerco Lawyers LLP
Evolink Law Group


NOTICE OF PROPOSED SETTLEMENT AND SETTLEMENT APPROVAL HEARING


DID CATHAY PACIFIC NOTIFY YOU ABOUT A DATA INCIDENT ON OR AROUND OCTOBER 24, 2018?



Update on February 25, 2022 *** Mise à jour le 25 février 2022 *** 2022 年 2 月 25 日更新




Notices have been distributed to class members, and a copy of the notice can also be accessed here.

Class Members can view the Settlement Approval Court order here.

The link to the claim form was sent along with the above notice, and is also accessible here.

We have also compiled a list of frequently questions and answers that may be accessed here. These FAQs will be updated as necessary.

If you have further questions about the claims process after reviewing the notice and FAQs, please contact Class Counsel at cxdataincident@hammerco.ca. Considering the volume of claims, unfortunately we are not accepting inquiries by telephone. Thank you for your cooperation.




L'Avis de réclamation (ici) et la Foire aux questions (ici) sont également disponibles en français.



索賠通知 (請到此)和常見問題 (請到此) 也有繁體中文版本。



索赔通知 (请到此) 和常见问题 (请到此) 也有简体中文版本。






Update on November 23, 2021: We expect to be sending to class members the notice and instructions on submitting claims shortly.


Mise à jour le 23 novembre 2021 : Nous prévoyons envoyer aux membres du groupe l'avis et les instructions sur la soumission des réclamations sous peu.


2021 年 11 月 23 日更新:我們預計將很快向班級成員發送有關提交索賠的通知和說明。


2021 年 11 月 23 日更新:我们预计将很快向班级成员发送有关提交索赔的通知和说明。





The Court has approved this settlement on July 12, 2021. The reasons for judgment can be found here. Class members will receive further notice in the next couple of weeks to submit their claims.


La Cour a approuvé ce règlement le 12 juillet 2021. Les motifs du jugement se trouvent ici. Les membres du groupe recevront un autre avis dans les prochaines semaines pour soumettre leurs réclamations.


法院已於 2021 年 7 月 12 日批准了該和解。可在此處找到判決理由。 集體成員將在接下來的幾週內收到進一步通知以提交他們的索賠。


法院已于 2021 年 7 月 12 日批准了该和解。可在此处找到判决理由。 集体成员将在接下来的几周内收到进一步通知以提交他们的索赔。





LE PRÉSENT AVIS PEUT AFFECTER VOS DROITS JURIDIQUES (Cliquez ici)


本通知可能會影響您的法律權利 (點擊這裡)


本通知可能会影响您的法律权利 (点击这里)


THIS NOTICE MAY AFFECT YOUR LEGAL RIGHTS





A class action settlement has been reached between the parties in McLean v. Cathay Pacific Airways Limited, S.C.B.C. No. VLC-S-S-199228. The Supreme Court of British Columbia has certified the class action for the purposes of implementing the proposed settlement. The proposed settlement is a compromise of disputed claims and is not an admission of liability, wrongdoing or fault by the defendant. The settlement is subject to the approval of the court.

The court has appointed James Rodney McLean as representative plaintiff. Class Counsel are Hammerco Lawyers LLP, Mathew P Good Law Corporation and Evolink Law Group.

The defendant is Cathay Pacific Airways Limited (“Cathay Pacific”).

  • What is the case about?

    The plaintiff alleges that between about 2014 and 2018, the defendant mismanaged the personal information of the Class Members, resulting in a data incident that was discovered in 2018 and announced on about October 24, 2018. The plaintiff sought to recover damages for himself and Class Members for alleged losses as a result of this conduct. The defendant denies the allegations.

  • Who are in the Class and affected by the settlement?

    The Class consists of all Canadians and anyone resident in Canada whose personal information was accessed in the data incident disclosed by Cathay Pacific Airways Limited on October 24, 2018.


  • What are the terms of the settlement?



    The settlement provides for the payment of CDN $1,550,000 by Cathay Pacific 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 the defendant.

    A further hearing will be held on June 7, 2021 July 12, 2021 to seek approval of the Settlement Agreement by the court. The hearing will take place in at 800 Smithe Street, Vancouver, B.C., before the Honourable Justice Kent.

    If approved, the settlement will be binding on all members of the Class who do not opt out of the proceeding.

    The full settlement terms are available at HERE.

  • How do I participate?



    If you want to be a member of this class action and participate in the settlement, you do not need to do anything. You are automatically included as a member of the Class, unless you opt out of the applicable proceeding.

  • 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 April 23, 2021. The opt-out form is available HERE.

    Details on how to submit the opt-out form can be found in Section 12 of the Settlement Agreement (HERE).

    The opt-out form must be emailed to cxdataincident@hammerco.ca, or mailed or couriered to:

    Hammerco Lawyers LLP
    1220 – 1200 West 73rd Avenue
    Airport Square
    Vancouver, BC V6P 6G5
    Attention: Alexia Majidi

  • Will I receive compensation from this settlement?

    If you have out-of-pocket losses or expenses because of the data incident, you can claim compensation. Claims must be made within six (6) months after the Court approving the settlement.

    [You will be notified when the Court approves the settlement and when the claims process will begin. More information will be posted on this website at that time.]

    Under the terms of the Settlement Agreement, after the payment of notice costs, Class Counsel fees and disbursements, any honorarium to the representative plaintiff, the remaining funds will be held in trust by Class Counsel for six months. During this timeframe, Class Members may submit a claim to Class Counsel, with proof of direct losses, in accordance with the proposed Distribution Protocol (HERE), which is subject to court approval. All payments will be made in accordance with the Distribution Protocol only.

    Claims that do not fall within the losses in section 13 of the Distribution Protocol will not be processed.

    If the funds are insufficient to satisfy all claims, all claims will be proportionally reduced. Any remaining funds after distribution to eligible Class members will be donated to the Law Foundation of British Columbia.

  • Will I receive compensation from this settlement?

    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 $2,500 as honourarium 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 April 23, 2021. If a class member wishes to object, the following information must be included in the letter or written objection delivered to Class Counsel:

    (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;

    (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.

    For a copy of the Settlement Agreement, please click HERE.

    You may also contact Class Counsel at cxdataincident@hammerco.ca or 1-888-693-4226 or via mail at the following address:

    Hammerco Lawyers LLP
    1220 – 1200 West 73rd Avenue
    Airport Square
    Vancouver, BC V6P 6G5
    Attention: Alexia Majidi

    This notice has been authorized by the Supreme Court of British Columbia.