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Geist: Canadian courts set high bar for privacy damage awards

Posted on November 28, 2010July 3, 2025 by Dissent

Michael Geist discusses two recent cases in Canada, where it seems that citizens have problems similar to what Americans experience in trying to secure damage awards for privacy violations:

When privacy violations occur, the first reaction for many victims is to search for a way to stop the offending conduct. The second response may be to invoke the law by filing a complaint with the Privacy Commissioner of Canada.

Hundreds of complaints are filed every year and most are resolved with an explanation for what occurred, a change in corporate policy, or occasionally a formal apology. A growing number of complainants have been left unsatisfied with this outcome, however, and are turning to the courts for damage awards.

Two recent Federal Court decisions grappled with the issue of damage awards for privacy violations and arrived at the same conclusion – personal privacy is not worth much when it comes actual compensation for privacy breaches or abuses.

Read more in the Toronto Star.

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Category: BreachesCourtFeatured NewsNon-U.S.

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