Biron v. RBC Royal Bank
Date: Federal Court Decision (2012 FC 1095)
Summary:
Ms. Biron, who jointly held a credit card with her husband, objected when RBC disclosed her statements in response to subpoenas related to his matrimonial litigation. She filed a PIPEDA complaint, which the Privacy Commissioner found well-founded. Seeking damages of $25,000 (including $10,000 punitive), she proceeded to Federal Court. The Court determined that, although RBC breached PIPEDA by disclosing her personal information without her consent, its conduct was in good faith—responding to a subpoena before a Superior Court judge and believing that the husband had authority to consent on her behalf. Accordingly, RBC was liable, but only minimal compensation was warranted.
Damages / Costs Awarded:
- $2,500 in damages awarded to Biron (no punitive damages)
Key Principle:
Even where PIPEDA is violated, damages under section 16 are awarded sparingly—especially if the breach is made in good faith and lacks egregious or malicious conduct. The Court emphasized that punitive damages are reserved for cases of particularly outrageous conduct.
