Henry v. Bell Mobility

Henry v. Bell Mobility

Liability was conceded and Privacy Commissioner findings established a PIPEDA breach; applicant failed to prove actual, causally connected compensatory loss or medical stress; defendant took remedial measures and did not benefit from the breach; applying Federal Court jurisprudence an award of $2,500 compensatory...

Source-derived case information.

Citation
2014 FC 555
Parties
Plaintiff: Mike Henry; Defendant: Bell Mobility
Court
Federal Court
Jurisdiction
Canada
Judgment Date
10 June 2014
Procedural Posture
Civil Simplified Action (pipeda Breach) / Trial Damages Assessment (liability Conceded)
Outcome
Judgment for Plaintiff on quantum only; liability conceded. Plaintiff awarded damages and costs.
Legal Topics
Breach of PIPEDA, Damages Assessment, Remedies, Admissibility of Affidavit Evidence
Source Language
english
Privacy Law Data Protection Administrative Law Tort Intrusion Upon Seclusion Breach of PIPEDA Damages Assessment Remedies Admissibility of Affidavit Evidence

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Parties

Mike Henry

Plaintiff

Bell Mobility

Defendant

Procedural Posture

Civil Simplified Action (pipeda Breach) / Trial Damages Assessment (liability Conceded)

Legal Issues

  1. 1 Whether Bell Mobility breached PIPEDA by disclosing personal information to an unauthorized caller
  2. 2 Whether applicant proved compensatory damages for alleged loss of documentary financing and stress
  3. 3 Whether evidence (Beavis affidavit) was admissible without cross-examination and sufficed to establish causation

Ratio Decidendi

Liability was conceded and Privacy Commissioner findings established a PIPEDA breach; applicant failed to prove actual, causally connected compensatory loss or medical stress; defendant took remedial measures and did not benefit from the breach; applying Federal Court jurisprudence an award of $2,500 compensatory damages and $1,000 costs is appropriate.

Court Disposition

Judgment for Plaintiff on quantum only; liability conceded. Plaintiff awarded damages and costs.

Orders

  • Plaintiff is entitled to a payment of $2,500.00 plus pre-judgment and post-judgment interest from the Defendant.
  • Plaintiff is entitled to costs fixed and payable in the amount of $1,000.00 inclusive of disbursements and HST.