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Privacy Related Class Action Filed Against CIBC
On February 4, 2005, Theodore Joel Speevak instituted a class action under the Ontario Class Proceedings Act, 1992, before the Ontario Superior Court of Justice against the Canadian Imperial Bank of Commerce. The claim is on behalf of bank clients whose personal information, including RRSP account numbers and amounts, was faxed to third parties without their consent. A total of $9,000,000 is claimed in, general, punitive, aggravated and exemplary damages.
The claim for damages is based on three alternate grounds: (1) breach of contract; (2) breach of rights under the Personal Information Protection and Electronic Documents Act, C.S.R. 2000, c.5, (PIPEDA); or (3) breach of duty of care.
PIPEDA section 14(1) also provides that aggrieved parties may apply to the Federal Court to seek redress. It has been suggested by commentators that this provision does not prohibit filing in other courts to take advantage of potentially more advantageous class action rules on the basis that the provincial courts are the courts of general jurisdiction. It remains unclear whether the CIBC will challenge the Ontario Superior Court of Justice's jurisdiction to hear the mixed claim or portion of the claim based on PIPEDA.
For a copy of the claim, visit:
http://www.cacounsel.com/CIBC%20Class%20Action%20Claim.pdf