Tucci v. Peoples Trust Company

JurisdictionBritish Columbia
CourtCourt of Appeal (British Columbia)
JudgeThe Honourable Mr. Justice Groberman,The Honourable Mr. Justice Fitch,The Honourable Madam Justice Griffin
Citation2020 BCCA 246
Date31 August 2020
Docket NumberCA44714

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49 practice notes
  • Court Of Appeal Summaries (November 21 ' 25, 2022)
    • Canada
    • Mondaq Canada
    • November 28, 2022
    ...2 S.C.R. 959, Bennett v. Lenovo (Canada) Inc., 2017 ONSC 1082, Kaplan v. Casino Rama, 2019 ONSC 2025, Tucci v. Peoples Trust Company, 2020 BCCA 246, Nelles v. Ontario, [1989] 2 S.C.R. 170, Ontario (Attorney General) v. Clark, 2021 SCC 18, Arora v. Whirlpool Canada LP, 2013 ONCA 657, Del Giu......
  • Sharp v. Royal Mutual Funds Inc.
    • Canada
    • Court of Appeal (British Columbia)
    • August 11, 2021
    ...however, these cases address whether a breach of statute gives rise to a private law cause of action: Tucci v. Peoples Trust Company, 2020 BCCA 246 at para. [70] The appellants seek to rely on several decisions that are markedly different from the claim they wish to advance. These are decis......
  • Nova Oculus Canada Manufacturing ULC v. Sather
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • December 22, 2025
    ...Local 50057, 1990 CanLII 110, [1990] 1 SCR 1298 at p 1316; Hopkins v Kay, 2015 ONCA 112 at paras 30-33; Tucci v Peoples Trust Company, 2020 BCCA 246 at paras [21]        Therefore, rule 3.68(2)(a) can apply to strike claims where the Court does not have su......
  • Campbell v Capital One Financial Corporation
    • Canada
    • Court of Appeal (British Columbia)
    • July 4, 2024
    ...for relief. They argue the Claim does not advance any claim based on a breach of PIPEDA, nor could it. In Tucci v. Peoples Trust Company, 2020 BCCA 246 this Court concluded it is not open to a claimant to “enforce legal rights that had their genesis in the PIPEDA through a private law actio......
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39 cases
  • Sharp v. Royal Mutual Funds Inc.
    • Canada
    • Court of Appeal (British Columbia)
    • August 11, 2021
    ...however, these cases address whether a breach of statute gives rise to a private law cause of action: Tucci v. Peoples Trust Company, 2020 BCCA 246 at para. [70] The appellants seek to rely on several decisions that are markedly different from the claim they wish to advance. These are decis......
  • Nova Oculus Canada Manufacturing ULC v. Sather
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • December 22, 2025
    ...Local 50057, 1990 CanLII 110, [1990] 1 SCR 1298 at p 1316; Hopkins v Kay, 2015 ONCA 112 at paras 30-33; Tucci v Peoples Trust Company, 2020 BCCA 246 at paras [21]        Therefore, rule 3.68(2)(a) can apply to strike claims where the Court does not have su......
  • Campbell v Capital One Financial Corporation
    • Canada
    • Court of Appeal (British Columbia)
    • July 4, 2024
    ...for relief. They argue the Claim does not advance any claim based on a breach of PIPEDA, nor could it. In Tucci v. Peoples Trust Company, 2020 BCCA 246 this Court concluded it is not open to a claimant to “enforce legal rights that had their genesis in the PIPEDA through a private law actio......
  • Donegani v. Facebook, Inc.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 19, 2024
    ...by the party to whom it was communicated, to the detriment of the party conveying the information: Tucci v. People’s Trust Company, 2020 BCCA 246, 451 D.L.R. (4th) 302, at para. 110, citing Lac Minerals Ltd. v. International Corona Resources Ltd., 1989 CanLII 34 (SCC), [1989] 2 S.C.R. 574, ......
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10 firm's commentaries
  • Court Of Appeal Summaries (November 21 ' 25, 2022)
    • Canada
    • Mondaq Canada
    • November 28, 2022
    ...2 S.C.R. 959, Bennett v. Lenovo (Canada) Inc., 2017 ONSC 1082, Kaplan v. Casino Rama, 2019 ONSC 2025, Tucci v. Peoples Trust Company, 2020 BCCA 246, Nelles v. Ontario, [1989] 2 S.C.R. 170, Ontario (Attorney General) v. Clark, 2021 SCC 18, Arora v. Whirlpool Canada LP, 2013 ONCA 657, Del Giu......
  • Federal Court Of Canada Certifies Privacy Breach Class Action
    • Canada
    • Mondaq Canada
    • September 30, 2022
    ...v Thompson.23 Footnotes 1. Sweet v Canada, 2022 FC 1228. 2. Sweet v Canada, 2022 FC 1228 at paras 87-100, referring to Tucci v Peoples, 2020 BCCA 246. 3. Del Giudice v Thompson, 2021 ONSC 5379; Stewart v. Demme, 2022 ONSC 4. Sweet v Canada, 2022 FC 1228 at para 66. 5. Sweet v Canada, 2022 F......
  • The CPPA's Privacy Law Enforcement Regime
    • Canada
    • Mondaq Canada
    • January 28, 2021
    ...hand, private actions under the CPPA could become increasingly complex, expensive, and time consuming. In Tucci v. Peoples Trust Company, 2020 BCCA 246, the British Columbia Court of Appeal held that common law actions for privacy breaches were not excluded by PIPEDA. The CPPA is silent on ......
  • B.C. Court Of Appeal Confirms There Is No "Federal Common Law" Privacy Tort, But Suggests The Existence Of A Provincial Privacy Tort Is An "Interesting Question"
    • Canada
    • Mondaq Canada
    • September 23, 2020
    ...because of the similar statutory cause of action under the Privacy Act, R.S.B.C. 1996, c. 373. In Tucci v. Peoples Trust Company, 2020 BCCA 246, the Court of Appeal confirmed that there is no separate "federal common law" privacy tort, including intrusion on seclusion. While noting the deca......
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