Privacy law does not shield judgment debtors
The recent Supreme Court decision in Royal Bank of Canada v. Trang has provided important guidance on how Canada’s federal privacy legislation, the Personal Information Protection and Electronic Documents Act (“PIPEDA”), is to be interpreted. To the relief of judgment creditors across the country, the Supreme Court ruled that courts can use their inherent jurisdiction to make orders permitting the disclosure of personal information, including personal information contained in mortgage discharge statements, and that such disclosures are permitted based on the implied consent of the mortgagor. RBC was a judgment creditor of Phat and Phoung Trang and sought a ... [more]
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