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ARTICLE · 30 JUNE 2015

The Effect Of PIPEDA On The Enforcement Of Security

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A recent Ontario case illustrates the courts' difficulty in integrating the requirements of PIPEDA into the existing legal regime and how PIPEDA is affecting enforcement of judgments.

CanadaFinance and Banking
Christopher Stanek
Christopher Stanek
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A recent Ontario case illustrates the courts' difficulty in integrating the requirements of PIPEDA1 into the existing legal regime and how PIPEDA is affecting enforcement of judgments. In Trang2, the Ontario Court of Appeal has made PIPEDA, (in effect) banking secrecy legislation, with certain cumbersome exceptions and rules to follow for parties that seek to enforce judgment on personal loans or credit card debts.

Facts

In 2010, Royal Bank of Canada (RBC) obtained a judgment against the Trangs for over $26,000 plus interest and costs for default on a personal loan. RBC registered a writ of seizure and sale to enforce the judgment. RBC then directed the Sheriff to seize and sell the Trangs' Toronto home (the Property).

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