Friday, July 09, 2010

Important Federal Court decision on "commercial activities" under PIPEDA

Today, the Federal Court of Canada released an important decision on the parameters of "commercial activity" under PIPEDA: State Farm v Privacy Commissioner, 2010 FC 736. Because I was one of the counsel on the case, I can't say much so I'll leave it to Dan Michaluk to provide a full, unbiased summary.

In short, the Court concluded that an insurance company, acting on behalf of its insured in defending a personal injury claim, is not engaged in "commercial activity" so PIPEDA does not apply. Though the case it not specifically followed, this conclusion is consistent with Ferenczy v. MCI Medical Clinics (some commentary here).

1 comment:

Anonymous said...

Thanks David, and a big congrats!