A judgment creditor is not entitled to obtain a mortgage statement, unrelated to the judgment debt, from a third-party creditor of the debtor so that the creditor can pursue a legal remedy to enforce its judgment

Citi Cards Canada Inc. v. Pleasance, 2011 ONCA 3 released today online holds:

"[23]         This information is collected and used by the Banks for purposes of administering the mortgage; it is not collected or used for purposes of facilitating another judgment creditor's execution on its judgment.  As the purpose of the Act – expressed in s. 3 cited above – indicates, what is balanced is the individual's right to privacy in his or her personal information, on the one hand, and the organization's need to collect or use the information, on the other hand.  The Act does not contemplate a balancing between the privacy rights of the individual and the interests of a third-party organization that may by happenstance have commercial dealings with the individual that make the targeted information attractive to it"
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

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