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ARTICLE · 29 AUGUST 2019

Limitation Period For Damages Claims under Personal Information Protection Act (Alberta)

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The Alberta Court of Appeal in Moore's Industrial Service Ltd. v Kugler, 2019 ABCA 178 has confirmed that the limitation period under the Limitations Act (Alberta)

CanadaPrivacy

The Alberta Court of Appeal in Moore’s Industrial Service Ltd. v Kugler, 2019 ABCA 178 has confirmed that the limitation period under the Limitations Act (Alberta) applicable to a claim for damages under section 60 of the Personal Information Protection Act (Alberta) (PIPA) does not start until the Commissioner's Order under section 52 of PIPA has become final.

Section 60 creates a statutory right to claim damages for a breach of PIPA.

Damages for breach of this Act

60(1) If the Commissioner has made an order under section 52 against an organization and the order has become final as a result of there being no further right of appeal, an individual affected by the order has a cause of action against the organization for damages for loss or injury that the individual has suffered as a result of the breach by the organization of obligations under this Act or the regulations.

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