Albayate v. Bank of Montreal et al., [2015] B.C.T.C. Uned. 695

JurisdictionBritish Columbia
CourtSupreme Court of British Columbia (Canada)
JudgeGerow, J.
Citation[2015] B.C.T.C. Uned. 695,[2015] B.C.T.C. Uned. 695 (SC),2015 BCSC 695
Date30 April 2015
Subject MatterDAMAGES,PRACTICE,EQUITY,TORTS,BANKS AND BANKING

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9 practice notes
  • Civil Claims for Violation of Privacy
    • Canada
    • Irwin Books Information and Privacy Law in Canada
    • June 25, 2020
    ...if the breach had not occurred. 506 However, other decisions have allowed breach of contract claims to 498 Albayate v Bank of Montreal , 2015 BCSC 695 at para 112 [ Albayate ]; Evans , above note 401 at para 35. See also Tucci , above note 289 at para 90 (plaintiffs arguing that the terms a......
  • Table of cases
    • Canada
    • Irwin Books Information and Privacy Law in Canada
    • June 25, 2020
    ...202 Air Transat AT Inc v Canada (Transport), 2017 FC 910 (TD)............ 194, 199, 200 Albayate v Bank of Montreal, 2015 BCSC 695 ................................................... 132 Albert c Brien, [2000] RJQ 1430 (CS) ................................................................. 4......
  • Public Sector Privacy Breaches: should British Columbians have a cause of action for damages under the Freedom of Information and Protection of Privacy Act?
    • Canada
    • Appeal: Review of Current Law and Law Reform No. 23, January 2018
    • January 1, 2018
    ...[Ari BCSC], af’d Ari v Insurance Corporation of British Columbia, 2015 BCCA 468 at paras 51-61 [Ari BCCA]; Albayate v Bank of Montreal, 2015 BCSC 695 [Albayate]. APPEAL VOLUME 23 n 155 Ministry of Education breaches were caused by the Province’s carelessness rather than a single employee or......
  • PR Construction Ltd v Colony Management Inc, 2017 ABQB 600
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 6, 2017
    ...of proof: McGregor v Holyrood Manor, 2014 BCSC 679, [2014] BCJ No 698 at para 10, Honborg v Private Career Training Institutions Agency, 2015 BCSC 695, [2015] BCJ No 858, Young v Borzoni, 2007 BCCA 16, [2007] BCJ No 105 at para 34. [30]The claimant must clearly plead all material facts that......
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5 cases
  • PR Construction Ltd v Colony Management Inc, 2017 ABQB 600
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 6, 2017
    ...of proof: McGregor v Holyrood Manor, 2014 BCSC 679, [2014] BCJ No 698 at para 10, Honborg v Private Career Training Institutions Agency, 2015 BCSC 695, [2015] BCJ No 858, Young v Borzoni, 2007 BCCA 16, [2007] BCJ No 105 at para 34. [30]The claimant must clearly plead all material facts that......
  • Zeliony v. Dunn et al.
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • June 8, 2021
    ...bank statements to an ex-spouse's address allowing him to use the information to harass her (Albayate v Bank of Montreal, 2015 BCSC 695 - $2,000.00 damages); communicating between financial institutions and revealing confidential information (B.M.P. Global Distribution Inc. v......
  • BIERMAN v. HAIDASH
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • February 11, 2021
    ...sending bank statements to an ex-spouse’s address allowing him to use the information to harass her (Albayate v Bank of Montreal, 2015 BCSC 695 – $2,000.00 damages); communicating between financial institutions and revealing confidential information (B.M.P. Global Distribution Inc. v Bank o......
  • Parmar v. Royal Bank of Canada et al.
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • August 9, 2016
    ...situations supports an award of damages: Nammo v. TransUnion of Canada Inc ., [2010] F.C.J. No. 1510 ; Albayate v. Bank of Montreal , 2015 BCSC 695; Neil v. Equifax Canada Inc. , 2005 SKPC 105 . [73] There is an obvious reason behind this legislative approach. The Royal Bank, and for that......
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1 firm's commentaries
3 books & journal articles
  • Civil Claims for Violation of Privacy
    • Canada
    • Irwin Books Information and Privacy Law in Canada
    • June 25, 2020
    ...if the breach had not occurred. 506 However, other decisions have allowed breach of contract claims to 498 Albayate v Bank of Montreal , 2015 BCSC 695 at para 112 [ Albayate ]; Evans , above note 401 at para 35. See also Tucci , above note 289 at para 90 (plaintiffs arguing that the terms a......
  • Table of cases
    • Canada
    • Irwin Books Information and Privacy Law in Canada
    • June 25, 2020
    ...202 Air Transat AT Inc v Canada (Transport), 2017 FC 910 (TD)............ 194, 199, 200 Albayate v Bank of Montreal, 2015 BCSC 695 ................................................... 132 Albert c Brien, [2000] RJQ 1430 (CS) ................................................................. 4......
  • Public Sector Privacy Breaches: should British Columbians have a cause of action for damages under the Freedom of Information and Protection of Privacy Act?
    • Canada
    • Appeal: Review of Current Law and Law Reform No. 23, January 2018
    • January 1, 2018
    ...[Ari BCSC], af’d Ari v Insurance Corporation of British Columbia, 2015 BCCA 468 at paras 51-61 [Ari BCCA]; Albayate v Bank of Montreal, 2015 BCSC 695 [Albayate]. APPEAL VOLUME 23 n 155 Ministry of Education breaches were caused by the Province’s carelessness rather than a single employee or......