2016 QCCQ 5927, 2016 QCCQ 5927

Peterson c. Canadian Imperial Bank of Commerce 2016 QCCQ 5927 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-142682-147 DATE: MARCH 1 st , 2016 ______________________________________________________________________ PRESIDED BY THE HONOURABLE JULIE VEILLEUX, J.C.Q. ______________________________________________________________________ FREDERICK PETERSON […] Roxboro, Québec […] Plaintiff vs.

CANADIAN IMPERIAL BANK OF COMMERCE 1155 boulevard René-Lévesque Ouest Montréal, Québec H3B 3Z4 Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff claims damages in the amount of $3,450 further to Defendant's alleged default to comply with the Act Respecting the Protection of Personal Information in the Private Sector [1] ( Protection Act ).

He also seeks Defendant's condemnation for a fine in the amount of "$1,000 to $10,000 for the first offence" and "$10,000 to $20,000 for the subsequent offence" in accordance with the Protection Act . [ 2 ] At the hearing, Plaintiff explains that he also wishes to obtain a ruling regarding the following issue: he is entitled to receive information from Defendant in accordance with the Protection Act and the Civil Code of Quebec . [ 3 ] Defendant pleads the following: - it complied with the relevant laws; - the Small Claims Division of the Court of Quebec does not have jurisdiction to decide the issue raised by Plaintiff.

QUESTION IN DISPUTE - Does the Small Claims Division of the Court of Quebec have jurisdiction to rule on Defendant's claim? CONTEXT [ 4 ] On February 26, 2014, Plaintiff is involved in what he qualifies a "bad situation" during two telephone conversations with Defendant's employees.

On the same day, he sends emails to a number of Defendant's representatives requesting access to some of his personal information including: - several documents related to Plaintiff in possession of Defendant; - recordings of two telephone conversations between Plaintiff and Defendant which took place on February 26, 2014. [ 5 ] Several emails were exchanged between Plaintiff and Defendant's representatives and some phone calls were also made. [ 6 ] On March 27, 2014, Plaintiff goes to Defendant's branch located at 1155, René-Lévesque Blvd. in Montreal where he meets with two of Defendant's employees.

Plaintiff was then remitted a letter and a sealed envelop with relevant documents. He was also offered to listen to the recordings of the two telephone conversations he had with Defendant's employees on February 26, 2014 together with the possibility to take notes while listening to these recordings. [ 7 ] Plaintiff declined.

[ 8 ] It is Plaintiff's contention that Defendant has not complied with the Protection Act and that he suffered damages. ANALYSIS - Does the Small Claims Division of the Court of Quebec have jurisdiction to rule on Defendant's claim? [ 9 ] The jurisdiction of the Small Claims Division of the Court of Quebec is described in sections 953 and following of the Code of Civil Procedure .

Section 953 reads as follows: 953. The money claimed in an action involving a small claim, that is, (

a) a claim not exceeding $15,000, exclusive of interest, (

b) for a debt owed to a person, partnership or association in the name of and for the account of that person, partnership or association, to a tutor, a curator or a mandatary in the execution of a mandate given in anticipation of the mandator's incapacity or to any other administrator of the property of another, may only be recovered before the courts pursuant to this Book. The same applies to any action which seeks the dissolution, resiliation or cancellation of a contract where neither the value of the contract or, where applicable, the amount claimed exceeds $15,000.

A legal person, partnership or association may, as creditor, avail itself of the provisions of this Book only if, at all times during the 12- month period preceding the application, not more than five persons bound to it by contract of employment were under its direction or control. ( Emphasis added ) [ 10 ] In order for the Court to decide whether or not Plaintiff should be allowed damages, it must decide, on a preliminary basis, whether Defendant is subjected to the Protection Act . [ 11 ] This issue is not a small claim within the meaning of

section 953 of the Code of Civil Procedure . Therefore, the Small Claims Division of the Court of Quebec has no jurisdiction to rule on this preliminary issue and must decline jurisdiction. FOR THESE REASONS, THE COURT: DECLINES jurisdiction; THE WHOLE , without costs. __________________________________ JULIE VEILLEUX, J.C.Q. Date of hearing: December 4, 2015