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      Class action overview

      Update

      The actions have been certified or authorized for settlement purposes. Proposed settlements have been reached with the defendant groups identified below for a total of approximately CAD $21.25 million. The courts will decide whether to approve the proposed settlements, Class Counsel’s fees and expenses, the proposed Distribution Protocol and any other required deductions.

      The settlements are compromises of disputed claims. The defendants deny wrongdoing or liability. Certification or authorization for settlement purposes does not mean that the allegations have been proven.

      Case information


      ProceedingCourt file
      Ontario Gold Action — Di Filippo et al. v. The Bank of Nova Scotia et al. CV-15-543005-00CP
      Ontario Silver Action — Di Filippo et al. v. The Bank of Nova Scotia et al.CV-16-551067-00CP
      Quebec Gold Action — Benoit v. The Bank of Nova Scotia et al.500-06-000861-175
      Quebec Silver Action — Ayas v. La Banque de Nouvelle-Écosse et al.500-06-000789-160
      Quebec Precious Metals Action — Benoit v. JPMorgan Chase & Co. et al.500-06-001120-217

      What are these class actions about?

      The plaintiffs allege that certain financial institutions manipulated or conspired to fix prices for gold and silver market instruments from at least 2004 through 2016. The Quebec proceedings also concern certain precious-metals market instruments. The plaintiffs allege that the conduct affected market prices and harmed class members. The defendants dispute these allegations and deny wrongdoing or liability.

      Who may be included?

      You may be included in one or more of the class actions if one or both of the following applies to you:

      • Canada - gold and silver: You are a person or entity in Canada who, between January 1, 2004 and December 31, 2016, transacted in a Gold Market Instrument or Silver Market Instrument, 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 other investment vehicle that transacted in such an instrument.
      • Quebec - precious metals: You are a person or entity in Quebec who, during the same period, engaged in a transaction in a Precious Metals Market Instrument, directly or indirectly through an intermediary, and/or participated in an investment vehicle that transacted in such an instrument. Precious metals include gold, silver, platinum and palladium.

      The defendants, their parent companies, subsidiaries and affiliates are excluded, subject to the investment-vehicle language in the court-approved class definitions. Please read the Long-Form Notice for the complete definitions and exclusions.

      What types of instruments are covered?

      The complete definitions are in the Long-Form Notice. Depending on the applicable class definition, covered instruments include or may include bullion or coins, futures traded on an exchange operated in Canada, shares in certain exchange-traded funds, call or put options, over-the-counter spot or forward transactions, leases and certificates. The Quebec proceedings may also include certain instruments involving platinum and palladium.


      Proposed settlement details

      There are approximately CAD $21.25 million in proposed settlements. The current proposed settlements are summarized below. One settlement is denominated in U.S. dollars, so the total Canadian-dollar amount is approximate.

      Settling group

      Proposed amount
      The Bank of Nova Scotia and Scotia Capital (USA) Inc. (“Scotiabank”)CAD $5,500,000
      JPMorgan Chase & Co. and related entities (“JPMorgan”)CAD $7,365,540
      Société Générale S.A. (“Société”)CAD $950,000
      Morgan Stanley Capital Group Inc.CAD $850,000
      HSBC entitiesCAD $3,000,000
      Barclays entitiesCAD $1,450,000
      Bank of America Corporation and Merrill Lynch Commodities Inc. (“BOML”)USD $1,075,000
      UBS entities CAD $650,000 

      A separate national settlement with Deutsche Bank totalling CAD $5.47 million was approved in 2019. That amount is not included in the approximately CAD $21.25 million figure above.

      How is the money proposed to be allocated?

      Subject to court approval, the proposed Distribution Protocol allocates 75% of the Net Proceeds to the Gold Market Settlement Fund and 25% to the Silver Market Settlement Fund. “Net Proceeds” means the settlement amounts and applicable interest after the deduction of court-approved fees and expenses, amounts required by law, administration expenses and taxes. The proposed Distribution Protocol also creates separate pools for smaller and larger traders.

      The amount any class member may receive cannot be determined at this stage. It will depend on court approval, the final Net Proceeds, the number and value of valid claims, the final Distribution Protocol and other applicable factors.


      Participation information

      Your options at this stage

      OptionWhat it means
      Stay in the class actions and take no action at this stageYou will remain in the class actions. If the settlements are approved, you will be bound by the applicable releases and court orders. A later notice will explain the claims process.
      Stay in the class actions and comment or objectYou may remain in the class actions and submit a written comment or objection about the proposed settlements, proposed Distribution Protocol, Class Counsel fees or expenses by September 15, 2026. Follow the instructions in the Long-Form Notice.
      Opt out of all the class actionsYou may preserve your right to pursue the defendants on your own by opting out of all the class actions covered by the notice by September 15, 2026. You must opt out of all or none of the actions; a partial opt-out is not available.

      Important dates

      EventDate / details
      Notice period beginsAugust 1, 2026
      Deadline to opt outSeptember 15, 2026
      Deadline to comment or objectSeptember 15, 2026 
      Ontario settlement approval hearingOctober 1, 2026 at 10:00 a.m. ET - attendance details to be confirmed
      Quebec settlement approval hearingOctober 21, 2026 at 9:30 a.m. ET
      Montreal Courthouse, 1 Notre-Dame Street East, room 17.09, Montreal, Quebec  

      Hearing dates, times, locations or attendance arrangements may change by court order. Check this website before attending for the latest information.



      Connect with us

      Administrator  
       

      Phone: 1-833-724-9399
      Email: goldandsilversettlement@kpmg.ca
      Web (EN): goldandsilversettlement.kpmg.ca
      Web (FR): reglementoretargent.kpmg.ca

      Mail / Courier:
      KPMG
      600 de Maisonneuve Blvd. West
      Suite 1500,
      Montréal, Quebec
      H3A 0A3
      Attention: Canadian Gold and Silver Class Actions Administrator

      Class Counsel
      Primary contact – Sotos LLP 

      Phone: 1-888-977-9806
      Email: classactions@sotos.ca
      Web: www.sotosclassactions.com

      Mail / Courier:
      Sotos Class Actions
      55 University Ave., Suite 600
      Toronto, ON M5J 2H7
      Canada
      Attention: Canadian Gold and Silver Class Action

      Quebec Class Counsel
      Siskinds Desmeules

      Phone: 1-877-735-3842
      Email: recours@siskinds.com
      Web: www.siskinds.com

      Mail / Courier:
      43, rue de Buade
      Bureau 320, Québec QC,
      G1R 4A2
      Attention: Canadian Gold and Silver Class Action 

      Additional Class Counsel firms are identified in the Long-Form Notice.

      Disclaimer

      This website provides a summary only. Please read the court-approved notices and orders. If there is any inconsistency between this website and a court-approved notice or order, the notice or order governs. KPMG Inc. is the court-appointed Administrator and cannot provide legal advice.