2015 QCCQ 7368, 2015 QCCQ 7368

Torchia c. Equifax Canada Co. 2015 QCCQ 7368 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL «Civil Division» No: 500-32-138633-138 DATE: July 30, 2015 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE GIBBENS, J.C.Q. ______________________________________________________________________ Joseph Junior torchia Plaintiff v. EQUIFAX Canada CO.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Joseph Junior Torchia claims $4,999.99 from Equifax Canada Co. (« Equifax ») for including what he claims to be inaccurate information in his credit file made available to third parties. He claims that Equifax had a legal duty to ensure the accuracy of the information and failed to do so, causing him to suffer the damages claimed. [ 2 ] Equifax denies any liability. It argues that at Mr.

Torchia’s request, it verified and confirmed the information at issue with his creditors and updated his credit file where appropriate, thus complying with its legal duties. FACTUAL CONTEXT [ 3 ] In March 2013, Mr. Torchia requested that Equifax remove from his file what he claimed to be a wrongly reported previous residential address. Equifax removed the address, but advised Mr. Torchia on March 21, 2013 that he should contact the reporting creditors to ensure that they not submit the address again if it was inaccurate. [1] [ 4 ] Later in March and April 2013, Mr.

Torchia requested that Equifax remove from his file collection matters that he did not recognize. [2] He also raised the issue of his previous address for a second time, as it had been reported again by certain creditors. [3] [ 5 ] Equifax proceeded promptly to verify the information concerning the collection matters with Mr. Torchia’s creditors and obtained confirmation that it was accurate. [4] It advised Mr. Torchia accordingly on May 3, 2012. [5] As concerns his previous address, Equifax reiterated that he had to contact his creditors directly. [ 6 ] Unhappy with this response, Mr.

Torchia sent Equifax a letter of demand on May 8, 2013 requesting payment of $5,000.00 in damages. [6] In response, Equifax explained its process and invited Mr. Torchia to contact his creditors directly or seek the assistance of the Commission d’accès à l’information du Québec . [7] [ 7 ] Mr. Torchia claims compensatory damages of $2,499.99 for missed real estate opportunities, higher interest rate paid on his debts and emotional distress and embarrassment, as well as $2,499.99 in punitive damages. ANALYSIS

a) Has Equifax violated any legal duty towards Mr. Torchia? [ 8 ] The Court finds that Mr. Torchia has not satisfied his burden of proof as concerns the existence of a fault for the following reasons. [ 9 ] Firstly, Mr. Torchia has not established on a balance of probabilities that any of the information appearing in his Equifax credit file was inaccurate, except for the spelling of his name and phone number which were quickly updated. [ 10 ] The fact that he did not recognize certain collection matters as his is not convincing evidence that the information is inaccurate.

The documentary evidence shows [8] that receivables get transferred from one creditor to another and the name of the listed creditor may be unfamiliar. [ 11 ] The Court prefers the evidence adduced by Equifax that the information was confirmed by Mr. Torchia’s creditors. [ 12 ] Secondly, Mr. Torchia argues that Equifax breached a purported legal duty to (

a) ensure the accuracy of all information appearing in a consumer’s credit file; (

b) correct all errors upon request; and (

c) obtain documentary evidence of a collection matter when a consumer claims that the information is incorrect. [9] [ 13 ] Equifax’s legal duties are not as far-reaching as Mr. Torchia suggests. As a personal information agent registered under the Act

respecting the protection of personal information private sector [10] (the « Act »), Equifax must establish and apply a method of operation that ensures that the information communicated is up-to-date and accurate. [11] [ 14 ] The Court does not see how Equifax’s conduct in response to Mr. Torchia’s numerous inquiries and requests falls short of this duty. Equifax acted promptly each time to verify the contested information and update Mr. Torchia’s credit file where appropriate. It was justified not to update his file where the contested information was confirmed by his creditors.

It also provided explanations and guidance to Mr. Torchia and even invited him to communicate with the Commission d’accès à l’information du Québec to submit a disagreement. [ 15 ] Mr. Torchia had also made several requests in the past to have information corrected and Equifax had also proceeded promptly where appropriate. [12] [ 16 ] The Court therefore concludes that Equifax did not commit a fault towards Mr. Torchia.

b) Did Mr. Torchia suffer damages as a result of the information contained in his Equifax credit file? [ 17 ] Moreover, Mr. Torchia has not established on a balance of probabilities that he has suffered damages as a result of the information included in his credit file. [ 18 ] No evidence other than Mr. Torchia’s general statements have been provided regarding allegedly missed real estate opportunities. No evidence whatsoever was provided to support the allegation that Mr. Torchia’s credit card suppliers charged him a higher interest rate as a result of the information appearing in his credit file.

Nor have damages for emotional distress and embarrassment been proven. [ 19 ] Finally, no justification to grant punitive damages has been proposed. FOR THESE REASONS, THE COURT: DISMISSES the action; WITH COSTS of $174 representing the judicial stamp of the contestation. __________________________________ DOMINIQUE GIBBENS, J.C.Q. Date of hearing: March 30, 2015