Disclosure of Mortgage Balance to Creditor Not Prevented by PIPEDA

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Royal Bank Plaza by Peter Broster (CC BY 2.0) | https://flic.kr/p/dhpfMj

This morning, the Supreme Court of Canada released its decision in Royal Bank of Canada v. Trang, 2016 SCC 50 (Trang), overturning the reasoning of two decisions of the Ontario Court of Appeal. In the SCC’s view, the Personal Information Protection and Electronic Documents Act, S.C. 2000 c. 5  (“PIPEDA”) does not preclude a mortgagee from producing a mortgage discharge statement to a judgment creditor. The unanimous decision, written by Justice Côté, concluded that such disclosure was in accordance with an order made by a court or, alternatively, that the mortgagors had provided implied consent.

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