Capital One Canada Data Breach Settlement — $35M CAD (Claims Not Open Yet)

Data Breach · Pending Final Approval

Current Status

Claims are not open yet. The Supreme Court of British Columbia held the settlement approval hearing on September 22, 2026, but no approval order had been located as of September 27, 2026. The claim form and the claim deadline will be released only after the settlement is approved. The opt-out and objection deadline, September 11, 2026, has passed. No payment date has been announced.

What Changed Recently?

Capital One agreed to pay $35,000,000 CAD to resolve Campbell v. Capital One Financial Corporation, No. S198617, a national class action in the Supreme Court of British Columbia over the 2019 data breach. Notice of the proposed settlement was first published on July 13, 2026, the window to opt out or object closed September 11, 2026, and the court heard the request for approval in Vancouver on September 22, 2026. Capital One does not admit and denies any wrongdoing or liability.

The breach itself came to light in July 2019. According to the court's 2022 certification decision, an outside individual accessed a Capital One database stored on a third-party cloud service in the spring of 2019 and downloaded credit card application information on about six million Canadians and roughly 100 million Americans. (The U.S. side of the incident was handled in separate U.S. litigation; see our Capital One U.S. settlement coverage.) The Canadian data came from applications submitted between 2005 and early 2019 and included names, dates of birth, addresses, contact details, income and housing information, and, for some people, credit scores, balances and payment history. About one million Social Insurance Numbers were affected. Capital One said no credit card numbers, PINs or login credentials were compromised, and it offered affected customers two years of free credit monitoring.

Justice Iyer certified the case as a class proceeding on June 3, 2022 (2022 BCSC 928), allowing claims in negligence, breach of contract, provincial privacy statutes and consumer protection laws to go forward while rejecting several other theories. Those claims were allegations; the court has not decided whether Capital One is liable.

Who Qualifies?

The class covers residents of Canada, other than residents of Québec, who applied for or were issued a Capital One credit card and received a letter from Capital One notifying them that their information may have been subject to unauthorized access in the 2019 data breach. Capital One issued its own cards in Canada as well as co-branded cards for Costco and the Hudson's Bay Company, so applicants for those cards can be in the class if they received a breach notice.

Québec residents are excluded because a separate Québec class action over the same breach is proceeding there. Anyone who opted out by September 11, 2026 is also out of the settlement.

How Much Can You Get?

After court-approved legal fees and disbursements, administration costs and any honorarium for the representative plaintiff are paid, the net fund pays three categories of claims:

• Category A, out-of-pocket costs: reimbursement of costs fairly traceable to the breach, such as credit monitoring, insurance or credit freezes, and unreimbursed losses from identity theft, falsified tax returns or other misuse, up to $25,000 CAD per class member.
• Category B, lost time and inconvenience: $25 CAD an hour for time spent responding to the breach, up to 5 hours ($125 CAD) for class members whose SIN was not exposed and up to 8 hours ($200 CAD) for those whose SIN was exposed. Every valid Category B claim also gets a $75 CAD top-up, for a maximum of $200 CAD or $275 CAD.
• Category C, annual credit card fees: up to $50 CAD for Annual Fee Class Members, as defined in the settlement agreement.

The settlement website does not say whether payments can be reduced if claims exceed the net fund. The amounts above are maximums, not estimates of what any one person will receive.