Tucci v. Peoples Trust Company, 2020 BCCA 246

JurisdictionBritish Columbia
JudgeThe Honourable Mr. Justice Groberman,The Honourable Mr. Justice Fitch,The Honourable Madam Justice Griffin
Citation2020 BCCA 246
CourtCourt of Appeal (British Columbia)
Docket NumberCA44714
Date31 August 2020
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30 practice notes
  • Court Of Appeal Summaries (November 21 ' 25, 2022)
    • Canada
    • Mondaq Canada
    • 28 Noviembre 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......
  • LaSante v Kirk,
    • Canada
    • Court of Appeal (British Columbia)
    • 19 Enero 2023
    ...borrowing some of the language from the aggregate damages common issue approved by the Court of Appeal in Tucci v. Peoples Trust Company, 2020 BCCA 246, as follows: Can a part of the Class Members' damages in nuisance be assessed in the aggregate pursuant to section 29 of the CPA? If s......
  • Virani v Uber Portier Canada Inc.,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • 25 Abril 2023
    ...the Walter decision, the British Columbia Court of Appeal has applied Macaraeg on at least two occasions: Tucci v Peoples Trust Company, 2020 BCCA 246 at para 35; Lewis v WestJet Airlines Ltd, 2019 BCCA 63 at para 22. The British Columbia Court of Appeal has made it clear that no civil acti......
  • 2024 BCSC 391,
    • Canada
    • 1 Enero 2024
    ...Tucci v. Peoples Trust Company, 2017 BCSC 1525 [ Tucci BCSC] nor the decision of the Court of Appeal in Tucci v. Peoples Trust Company, 2020 BCCA 246 [ Tucci BCCA] were drawn to the attention of the judge. This also occurred in Situmorang v. Google LLC, 2022 BCSC 2052, which was reversed by......
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22 cases
  • LaSante v Kirk,
    • Canada
    • Court of Appeal (British Columbia)
    • 19 Enero 2023
    ...borrowing some of the language from the aggregate damages common issue approved by the Court of Appeal in Tucci v. Peoples Trust Company, 2020 BCCA 246, as follows: Can a part of the Class Members' damages in nuisance be assessed in the aggregate pursuant to section 29 of the CPA? If s......
  • 2024 BCSC 391,
    • Canada
    • 1 Enero 2024
    ...Tucci v. Peoples Trust Company, 2017 BCSC 1525 [ Tucci BCSC] nor the decision of the Court of Appeal in Tucci v. Peoples Trust Company, 2020 BCCA 246 [ Tucci BCCA] were drawn to the attention of the judge. This also occurred in Situmorang v. Google LLC, 2022 BCSC 2052, which was reversed by......
  • Virani v Uber Portier Canada Inc.,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • 25 Abril 2023
    ...the Walter decision, the British Columbia Court of Appeal has applied Macaraeg on at least two occasions: Tucci v Peoples Trust Company, 2020 BCCA 246 at para 35; Lewis v WestJet Airlines Ltd, 2019 BCCA 63 at para 22. The British Columbia Court of Appeal has made it clear that no civil acti......
  • John Doe v. Canada, 2023 FC 1636
    • Canada
    • Federal Court (Canada)
    • 5 Diciembre 2023
    ...that Health Canada approved the misuse of their information. [114] The Plaintiffs seek to distinguish Tucci v Peoples Trust Company, 2020 BCCA 246 at para 113 [Tucci] and argue that the British Columbia Court of Appeal’s [BCCA] finding—that breach of confidence requires that t......
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8 firm's commentaries
  • Court Of Appeal Summaries (November 21 ' 25, 2022)
    • Canada
    • Mondaq Canada
    • 28 Noviembre 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
    • 30 Septiembre 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......
  • British Columbia Court Of Appeal Upholds Certification Of Data Breach Class Action
    • Canada
    • Mondaq Canada
    • 15 Septiembre 2020
    ...Tsige from the Court of Appeal for Ontario in 2012, the recent British Columbia Court of Appeal decision in Tucci v. Peoples Trust Co. (2020 BCCA 246) appears to be solidifying the future of a law tort of breach of privacy in Canada. Based on the facts and the appeal, the Court did not feel......
  • The CPPA's Privacy Law Enforcement Regime
    • Canada
    • Mondaq Canada
    • 28 Enero 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 ......
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