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|1.||What is the Class Action about?|
Class action lawsuits in Ontario and Quebec allege an unlawful conspiracy to fix prices in the foreign exchange market (the “FX Market”). Beginning at least as early as 2003 and continuing through 2013, it is alleged that the Defendants communicated directly with each other to coordinate their: (i) fixing of spot prices; (ii) controlling and manipulating FX benchmark rates; and (iii) exchanging key confidential customer information in an effort to trigger client stop loss orders and limit orders. The Defendants’ alleged conspiracy affected dozens of currency pairs, including the U.S. and Canadian dollar (USD/CAD) currency pair, which is one of the world’s highest volume trading currency pairs. Due to the importance of spot prices, it is alleged that the Defendants’ alleged conspiracy impacted all manner of FX instruments, including those trading both over-the-counter and on exchanges.
|2.||Who are the Settlement Class Members?|
In Quebec, you are included in the Settlement Class if:
1 “FX Instruments” includes FX spot transactions, outright forwards, FX swaps, FX options, FX futures contracts, options on FX futures contracts, and other instruments traded in the FX Market.
Excluded from the class are the Defendants, their parent companies, subsidiaries, and affiliates; provided, however, that Investment Vehicles are not excluded from the class.
|3.||What Settlements have been reached?|
Court approved settlements have been reached with the following Defendants:
|Settled Defendants||Settlement Amount|
|UBS AG, UBS Securities LLC and UBS Bank (Canada)||$4,950,000|
|BNP Paribas Group, BNP Paribas North America, Inc., BNP Paribas (Canada), and BNP Paribas||$4,500,000|
|Bank of America Corporation, Bank of America, N.A., Bank of America Canada, and Bank of America National Association||$6,500,000|
|The Goldman Sachs Group, Inc., Goldman, Sachs & Co., and Goldman Sachs Canada Inc.||$6,750,000|
|JPMorgan Chase & Co., J.P. Morgan Bank Canada, J.P. Morgan Canada, and JPMorgan Chase Bank National Association||$11,500,000|
|Citigroup Inc., Citibank, N.A., Citibank Canada, and Citigroup Global Markets Canada Inc.||$21,000,000|
|Barclays Bank PLC, Barclays Capital Inc., and Barclays Capital Canada Inc.||$19,677,205.88|
|HSBC Holdings PLC, HSBC Bank PLC, HSBC North America Holdings Inc., HSBC Bank USA, N.A., and HSBC Bank Canada||$15,500,000|
|Royal Bank of Scotland Group PLC, RBS Securities, Inc., Royal Bank of Scotland N.V., and Royal Bank of Scotland plc||$13,220,000|
|Standard Chartered plc||$900,000|
|The Bank of Tokyo Mitsubishi UFJ, Ltd., and Bank of Tokyo-Mitsubishi UFJ (Canada)||$450,000|
|Société Générale S.A., Société Générale (Canada) and Société Générale||$1,800,000|
The settlement funds are being held in interest-bearing Guaranteed Investment Certificates for the benefit of Settlement Class Members (less court-approved counsel fees and disbursements). In addition to the above-noted monetary benefits, each of the above-listed settlements requires the Settled Defendants to provide cooperation and/or certain documents and information to the Plaintiffs in the continued prospection of the Canadian proceedings.
The Canadian proceedings continue against Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Credit Suisse AG, Credit Suisse Securities (Canada) Inc, Deutsche Bank AG, Royal Bank of Canada, and RBC Capital Markets LLC, Toronto Dominion Bank, TD Securities, TD Bank USA, N.A., TD Group Holdings, TD Bank N.A., Bank of Montreal, BMO Financial Corp, BMO Harris Bank N.A., and BMO Capitals Limited.
The settlements are a compromise of disputed claims and the Defendants do not admit any wrongdoing or liability.
|4.||How will the Settlement funds be distributed?|
Hearings were held in Ontario and Quebec during which Class Counsel obtained court approval of a protocol for distributing the aggregate settlement funds, plus accrued interest, less a reserve fund, court approved legal fees and other expenses (the “Distribution Protocol”). The reserve fund will be held in a trust account for the benefit of Settlement Class Members. Class Counsel applied to and received approval from the Ontario and Quebec courts to have the reserve funds applied against future disbursements and/or adverse costs awards.
On August 1, 2019 Class Counsel obtained the Ontario Court’s approval of the Amended Distribution and Administration Protocols to reflect, amongst other things, an extension of the previously approved claims deadline of August 19, 2019 to January 15, 2020. The Ontario Court Order approving the extension of the claims deadline, as well as other administrative changes to the distribution of the Settlement funds can be found on the Documents section of this website.
A copy of the Amended Distribution Protocol is also available on the Documents section of this website or from Class Counsel.
Although settlements have only been reached with certain Defendants, Settlement Class Members can make claims for transactions with any Defendant or other financial institution, provided they entered into an FX Instrument, either directly or indirectly through an intermediary, and/or purchased or otherwise participated in an investment or equity fund, mutual fund, hedge Fund, pension fund or any other investment vehicle that entered into an FX Instrument between January 1, 2003 and December 31, 2013.
Direct Claims will be advanced by Class Members against the Direct Claims Fund.
A Direct Claimant is not required to document their eligible transaction volume unless and until the Claims Administrator chooses to audit said claim.
The Claims Administration will undertake the following steps to value a claim, with assistance from the Consulting Expert as necessary:
Subject to further order of the courts, the settlement funds allocated to Direct Claimants will be distributed proportionally based on the value of an approved claim relative to the value of all approved claims. The value of a claim will depend on the quantum of the Eligible Participation Amounts. Trades between January 1, 2003 and November 30, 2007 will be discounted by 40%.
Indirect Claims will be advanced by Class Members against the Indirect Claims Fund.
An Indirect Claimant is not required to document their holdings of Investment Vehicles available in Canada that entered into FX Instruments unless and until the Claims Administrator chooses to audit said claim. Upon auditing of any claim, the Claims Administrator has discretion to determine what documentation is sufficient for the purposes of establishing an Indirect Claimant’s holdings of Investment Vehicles. Such acceptable supporting documents may include, but are not limited to, the following: account statements, print outs of online account balances, trade confirmation reports, and any other document that shows the value of an Investment Vehicle.
The Claims Administrator will determine if the Indirect Claimant’s holdings are included on a list of Investment Vehicles available in Canada that entered into FX Instruments. Such list of Investment Vehicles will be posted online by the Claims Administrator. If the investment is not on the list, then the Claims Administrator will notify Class Counsel who will confirm the claims should be denied for that reason, or whether the investment should be added to the list.
Damages will only be paid out if the cumulative volume of investment is above a minimum threshold approved by the Courts. Trades between January 1, 2003 and November 30, 2007 will be discounted by 40%.
This FAQ only summarizes the Distribution Protocol. More information about the Distribution Protocol is available on this website. Questions about the Distribution Protocol or any other matters contained in this notice may be directed to Class Counsel:
1 Settlement Transaction Volume is the gross transaction volume in eligible instruments adjusted by Conversion Ratios that account for an instrument’s sensitivity to the spot rate.
2 Eligible Participation Amount is the Claimant’s Settlement Transaction Volume adjusted by Relative Damage Factors that account for two transaction characteristics that affect damages: currency pair traded and trade size.
|5.||How do I make a claim for Settlement benefits?|
Settlement Class Members who wish to apply for compensation under the settlements must apply no later than January 15, 2020. Claims that are not made within the deadline will not be eligible for compensation. This deadline is tentative, pending approval of the claims deadline by the Quebec Court. Applications for settlement benefits should be submitted via the “Submit a Claim” link above.
If you are unable to file an electronic claim, but wish to apply for settlement benefits, please contact the Claims Administrator at (800) 375-9070.
|6.||Who are the lawyers who represent the class and how will they be paid?|
The law firms of Sotos LLP, Koskie Minsky LLP, Siskinds LLP, and Camp Fiorante Matthews Mogerman represent the Plaintiffs and the class in the Ontario action and Siskinds Desmeules, s.e.n.c.r.l. represent the Plaintiff and the class in the Quebec action (“Class Counsel”).
The lawyers will be paid on a contingency fee basis. Class Counsel fees and disbursements must be approved by the Ontario court. Class Counsel's request that legal fees of up to 18.5% of the settlement funds, less legal fees previously awarded, plus disbursements and applicable taxes, were approved by the court and will be paid out of the settlement funds. This motion was heard in Ontario, at the same time as the hearing to approve the Distribution Protocol.
|7.||What are my options?|
The Distribution Protocol was approved by the Ontario Court on July 4, 2018, and the Quebec Court on August 24, 2018.
By Order dated August 1, 2019, the Ontario Court approved various amendments to the settlement administration, including extending the claims deadline from August 19, 2019 to January 15, 2020. Please click here to view a copy of the Ontario Order.
To be effective, these amendments must also be approved by the Quebec Court. While approval is expected, the decision by the Quebec Court is pending.
Settlement Class Members who wish to apply for compensation under the settlements must apply no later than January 15, 2020. Claims that are not made within the deadline will not be eligible for compensation. Applications for settlement benefits should be submitted via the “Submit a Claim” link above.
If you did not agree with the Distribution Protocol or Class Counsel’s request for fees or expenses, you could have made submissions to the courts regarding the proposed Distribution Protocol and Class Counsel’s fee request on or before June 29, 2018. You can download a copy of the long-form notice by visiting the Documents section of this website.
The hearing before the Ontario Superior Court of Justice was held on July 4, 2018 at 10:00AM at Osgoode Hall, 130 Queen Street West, Toronto, Ontario. The hearing before the Quebec Superior Court was held on August 6, 2018 at 9:30AM at the Quebec City Courthouse, 300 Jean Lesage Boulevard, Quebec City, Quebec.
|8.||How do I submit comments or objections?|
The Distribution Protocol was approved by the Ontario Court on July 4, 2018, and the Quebec Court on August 24, 2018. Objections and comments must have been postmarked by June 29, 2018 to be considered at the Approval hearings.
|9.||How can I get more information?|
|10.||What is the difference between filing as a Direct Claimant and an Indirect Claimant?|
|11.||Resources for filing as a Direct Claimant.|