• About
  • Offices
  • Careers
  • News
  • Students
  • Alumni
  • Payments
  • EN | FR
Background Image
Bennett Jones Logo
  • People
  • Expertise
  • Knowledge
  • Search
  • FR Menu
  • Search Mobile
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
View all
Practices
Corporate Litigation Regulatory Tax View all
Industries
Capital Projects Energy Funds & Finance Mining View all
Advisory
Crisis & Risk Management ESG Strategy and Solutions Governmental Affairs & Public Policy
View Client Work
International Experience
Insights News Events New Energy Economy Series
Business Law Talks Podcast Economic Outlook Class Actions: Looking Forward Quarterly M&A Insights
ESG & the CIO Subscribe
People
Practices
Industries
Advisory Services
Client Work
About
Offices
News
Careers
Insights
Law Students
Events
Search
Alumni
Payments
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
 
Blog

Limitation Period for Damages Claims under Personal Information Protection Act (Alberta)

August 28, 2019

Written By Stephen Burns and Martin Kratz, Q.C.

The Alberta Court of Appeal in Moore’s Industrial Service Ltd. v Kugler, 2019 ABCA 178 has confirmed that the limitation period under the Limitations Act (Alberta) applicable to a claim for damages under section 60 of the Personal Information Protection Act (Alberta) (PIPA) does not start until the Commissioner's Order under section 52 of PIPA has become final.

Section 60 creates a statutory right to claim damages for a breach of PIPA.

Damages for breach of this Act

60(1) If the Commissioner has made an order under section 52 against an organization and the order has become final as a result of there being no further right of appeal, an individual affected by the order has a cause of action against the organization for damages for loss or injury that the individual has suffered as a result of the breach by the organization of obligations under this Act or the regulations.

Accordingly, an individual may bring a claim for damages for a breach of PIPA many years after the breach giving rise to the claim has occurred as the individual must first engage with Alberta's Commissioner and wind their way through the compliant, investigation and inquiry phases of the complaint resolution process under PIPA before bringing their action for damages under section 60 of PIPA. As noted in the decision, the complaint resolution process before the Commissioner can currently take years (just over two years in the subject case).

In addition, it is important to note the Court's observation that similar statutory causes of action arise in each of British Columbia (Personal Information Protection Act (British Columbia)), Ontario (Personal Health Information Protection Act (Ontario)) and federally (Personal Information Protection and Electronic Documents Act (Canada) (PIPEDA)). Although, in the case of PIPEDA, the statute expressly provides a limitation period and the application to court must be brought within one year of the Commissioner's report.

As such, every organization dealing with a breach under PIPA (or similar legislation) should be aware of the possibility of a claim for damages under such legislation and that the relevant limitation period for such claim may not start until after the applicable final Order or Report is issued by the applicable Commissioner.

Download PDF

Author

  • Stephen D. Burns Stephen D. Burns, Partner, Trademark Agent

Bennett Jones Welcomes 10 New Partners

Related Links

  • Insights
  • Media
  • Subscribe

Recent Posts

Blog

The Ontario Court of Appeal Confirms the Narrow Confines [...]

June 01, 2023
       

Blog

Ontario’s Dismissal for Delay Regime—the Year in Review

June 01, 2023
       

Blog

Securities Class Actions Round-Up

June 01, 2023
       

Blog

Developments in General Causation Methodologies for Class Certification

June 01, 2023
       

Blog

The Lack of Present Injuries and Reliable Scientific [...]

June 01, 2023
       
Bennett Jones Centennial Footer
Bennett Jones Centennial Footer
About
  • Leadership
  • Diversity
  • Community
  • Innovation
  • Security
  • History
Offices
  • Calgary
  • Edmonton
  • Montréal
  • Ottawa
  • Toronto
  • Vancouver
  • New York
Connect
  • Insights
  • News
  • Events
  • Careers
  • Students
  • Alumni
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
© Bennett Jones LLP 2023. All rights reserved.
  • Privacy Policy
  • Disclaimer
  • Terms of Use
Logo Bennett Jones