RBC v. Trang: When Is "Highly Sensitive" Financial Information Not That Sensitive?

The Supreme Court of Canada has provided guidance to financial institutions holding otherwise "highly sensitive" information to determine when that information is somewhat less sensitive, such that it can be disclosed. The short answer, as provided in detail in the recent decision of Royal Bank of Canada v. Trang, 2016 SCC 50 (CanLII), is that it depends on the context of the disclosure request.

History of the case

Royal Bank of Canada (RBC) was a judgment creditor of debtors who had defaulted on a loan. In its enforcement of its judgment against the debtors, RBC needed to obtain a mortgage discharge statement from The Bank of Nova Scotia (Scotiabank), because Scotiabank was the mortgagee of the debtors' home. A mortgage discharge statement shows the current balance of a mortgage. RBC needed the mortgage discharge statement in order to obtain a sheriff's sale of the debtors' home, so that RBC could satisfy its judgment. The debtors refused to consent to