Case Report – NB court turfs broad challenge to PIPEDA interference with litigation

On January 30th, the New Brunswick Court of Queen’s Bench held that the Federal Court was the appropriate forum for a very broad challenge to the Commissioner’s jurisdiction to investigate a PIPEDA complaint.

The underlying PIPEDA complaint apparently alleged that the applicant, an insurance company, had conducted unlawful surveillance of a plaintiff in a motor vehicle claim. The insurance company asked the New Brunswick court for an order declaring that PIPEDA does not apply to “document disclosure, privilege or other privacy interests” of the plaintiff in relation to his lawsuit or the its defence of the lawsuit. Alternatively, the insurance company asked for an order declaring that PIPEDA is ultra vires the legislative authority of Parliament.

This will be rather interesting if it proceeds in the Federal Court.

State Farm v. Privacy Commissioner and AG of Can., 2008 NBQB 033.