What are the limitations on damages for breach of privacy under the BC Privacy Act?

British Columbia, Canada


The following excerpt is from Sime v. Jupp, 2009 BCSC 1154 (CanLII):

I find that the defendants’ arguments are correct in law and that the plaintiff’s claims for defamation are barred because of expiration of the limitation period. I find the plaintiff’s claims with regard to damages for invasion of privacy based on the Privacy Act are also barred by the expiration of limitation periods pursuant to the Limitation Act. The plaintiff has not specifically referred to the Privacy Act in her claim and may argue that she has suffered damages as a result of the breach of her privacy at common law. In Lord v. McGregor, 2000 BCSC 750, Mr. Justice McKinnon referred to the reluctance of the English and Canadian courts to recognize such a tort. In the case before him, he found that the plaintiff was unable to provide a reasoned argument in support of a common law privacy tort. He found that even if a common law right of privacy existed on the facts before him, there was no expectation of privacy. It would appear that the plaintiff may have a very difficult time in establishing the existence of such right, but I am not able to say that she is bound to fail.

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