In what circumstances can a discharged bankrupt bring a claim against a credit reporting agency?
Ontario, Canada
The following excerpt is from Hurst v. Armstrong & Quaile Associates Inc., 2007 CanLII 21602 (ON SC):
In Haskettt v. Equifax, supra, a discharged bankrupt alleged that a credit reporting agency negligently failed to delete debts that were barred by his bankruptcy, and that the agency was as a result prohibited by statute from reporting, from their reports on him. The motions judge struck the claim in negligence; among other things, he found that it did not pass the second stage of the Anns test. He concluded that there was a risk of imposing liability in an indeterminate amount for an indefinite time on an indeterminate class.
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