You Won Your Case — Now What? SCC To Consider Intersection Of Judgment Enforcement And Privacy Rights

A plaintiff wins judgment, but the defendant (judgment debtor) refuses to pay or provide information necessary for the plaintiff (judgment creditor) to realize against the debtor's assets. When and how can the creditor obtain that necessary information from a third party?

This is the question at the heart of Royal Bank of Canada v. Trang, a case that the Supreme Court of Canada (SCC) has just agreed to hear. In this appeal, the SCC will have to balance the right of creditors to substantive access to justice — receiving the money that was awarded to them — against the right of debtors to privacy — having third parties protect their personal information, even from legitimate judgment creditors.