| Citation: |
Arcand v. Abiwyn Co-operative Inc., 2010 FC 529, [2010] 3 F.C.R. D-8 |
T-788-09 |
Privacy
Personal Information Protection and Electronic Documents Act
Damages—Application pursuant to Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, ss. 14, 16 in respect of report issued by Office of the Privacy Commissioner of Canada (Commission) flowing from complaint made to Commission by applicant—Dispute between parties relating to eviction proceedings leading to civil action, complaint over distribution of applicant’s medical information—Parties subsequently entering into settlement agreement, signing full, final release—Commission satisfied with actions taken by respondent following ecommendations in report—However, applicant demanding compensation in relation to report—Relief under ss. 14, 16 pointless, vexatious—Court satisfied respondent taking Commission recommendation seriously, moving quickly to amend policies—Release enforceable, barring applicant from claiming damages under s. 16(c), granting respondent contractual immunity—Application entirely contravening words, intent of release, regardless of continuation of privacy complaint—Application dismissed.
Arcand v. Abiwyn Co-operative Inc. (T-788-09, 2010 FC 529, O’Keefe J., judgment dated May 13, 2010, 22 pp.)