Date: Federal Court Decision(2013)
Summary: The Federal Court held Bell TV liable for conducting a “hard-pull” credit check on Mr. Chitraker without his valid consent when he ordered satellite TV service. The Court sharply criticized Bell’s conduct—calling it “high-handed,” involved a “royal runaround,” and noted Bell failed to respond to Federal Court proceedings. Although the plaintiff could not conclusively prove that the credit check caused the denial of a student loan, the Court awarded $20,000 in damages, comprising $10,000 in general damages and $10,000 in exemplary (punitive) damages.
Key Principle: Damages may be awarded under PIPEDA even without demonstrable actual harm—particularly where an organization’s conduct is blameworthy and compensation serves purposes of meaningful compensation, deterrence, and vindication of privacy rights.
