Dimov v. Equifax Canada Co.

Dimov v. Equifax Canada Co.

Equifax breached the Consumer Reporting Act by failing to record the source/address and by not exercising sufficient diligence in verification (it did not follow up on an erroneous contact number), but the claimant proved only general, non-pecuniary loss; accordingly the court awards the statutory small claims limit for general damages ($100) and costs ($100).

Citation
2017 NSSM 1
Parties
Claimant: Dimcho Dimov; Defendant: Equifax Canada Co.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 January 2017
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed in part; defendant found liable for breach of the Consumer Reporting Act; limited general damages and costs awarded.
Legal Topics
Consumer Reporting Act Compliance, Accuracy of Credit Reports, Dispute Verification Procedures, General Damages Limitation in Small Claims
Source Language
English
Consumer Protection Credit Reporting Privacy Tort Negligence Consumer Reporting Act Compliance Accuracy of Credit Reports Dispute Verification Procedures General Damages Limitation in Small Claims

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Parties

Dimcho Dimov

Claimant

Equifax Canada Co.

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether Equifax breached its statutory obligations under the Consumer Reporting Act
  2. 2 Whether Equifax exercised reasonable skill and diligence in verifying disputed information
  3. 3 Whether the claimant proved actionable damages beyond general distress

Ratio Decidendi

Equifax breached the Consumer Reporting Act by failing to record the source/address and by not exercising sufficient diligence in verification (it did not follow up on an erroneous contact number), but the claimant proved only general, non-pecuniary loss; accordingly the court awards the statutory small claims limit for general damages ($100) and costs ($100).

Court Disposition

Claim allowed in part; defendant found liable for breach of the Consumer Reporting Act; limited general damages and costs awarded.

Orders

  • Equifax Canada Co. to pay Dimcho Dimov $100 general damages.
  • Equifax Canada Co. to pay Dimcho Dimov $100 in costs.