Court of Appeal Clarifies Limitations Period in Alberta Privacy Actions

On May 12, 2019, the Alberta Court of Appeal released a decision from a summary dismissal application that should resolve any confusion that may have arisen at the crossroads of that province’s limitations act and its privacy legislation, the Personal Information Protection Act, SA 2003, c P-6.5 (“PIPA”).

In Alberta, in order to have a cause of action related to a privacy breach claim, claimants must first go before the Office of the Information  and Privacy Commissioner of Alberta (“AB OIPC”) and obtain a final order against an organization. Only then does a claimant have 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.

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