Landry v. Royal Bank of Canada
Date: Federal Court Decision (2011 FC 687)
Summary:
The applicant, embroiled in a contentious divorce, was attempting to conceal certain bank accounts from her spouse. RBC was served with a subpoena but failed to follow proper procedures, ultimately faxing the applicant’s bank records to her spouse’s counsel. The applicant filed a PIPEDA complaint, which the Privacy Commissioner found to be “well‑founded and resolved.” Despite seeking at least $75,000 in damages, the applicant was partially responsible for her circumstances. The Court recognized she suffered humiliation under section 16(c) of PIPEDA due to RBC’s negligence and subsequent cover-up.
Damages / Costs Awarded:
- $4,500 in damages, plus interest and costs
- No punitive damages awarded
Key Principle:
Even when privacy rights have clearly been breached, courts may award modest damages, especially where the complainant shares in the blame. The decision reflects the Court’s caution in awarding punitive relief absent striking misconduct.
