CREATIVE SASKATCHEWAN APPLICANT - v. –, 2023 SKKB 222

KING ’S BENCH FOR SASKATCHEWAN Citation: 2023 SKKB 222 Date: 2023 10 20 Docket: KBG-RG-02206-2023 Judicial Centre: Regina BETWEEN: CREATIVE SASKATCHEWAN APPLICANT - and – ROYAL BANK OF CANADA, SEARCHERS PRODUCTIONS LTD. and 963514 ONTARIO INC. RESPONDENTS Counsel: Jared G. Biden for the applicant Lorne J. Graburn for the defendant Royal Bank of Canada No one appearing for the other defendants FIAT ROBERTSON J.

October 20, 2023 INTRODUCTION [ 1 ] Creative Saskatchewan has applied for: a declaration that it is the lawful owner of any proceeds traceable to $331,569.80 it transferred to a bank account with Royal Bank of Canada [RBC]; and for return of any monies remaining in that account. This decision provides reasons for my order directing RBC to disclose the amount remaining in the bank account and the identity of the account holder. The main application is adjourned to November 9, 2023 for argument.

BACKGROUND [ 2 ] Creative Saskatchewan filed an affidavit of its Chief Executive Officer, Erin Dean, sworn September 26, 2023. [ 3 ] Creative Saskatchewan is a public purpose corporation established by The Creative Saskatchewan Act , SS 2013, c C- 43.12 . Sections 3 and 8 of The Creative Saskatchewan Act provides that Creative Saskatchewan is an agent of the Crown. [ 4 ] Under its statutory mandate, Creative Saskatchewan funds creative endeavours in Saskatchewan.

As part of this mandate, Creative Saskatchewan agreed to provide Searchers Productions Inc. with funding for a feature film or television production. [ 5 ] In July and August 2023, Creative Saskatchewan was the victim of a fraud under which it changed the banking information for Searchers Productions Inc. and then paid fraudulent invoices purporting to come from Searchers Productions Inc. to the new bank account. The fraud was discovered in September 2023, by which time Creative Saskatchewan had transferred $331,568.80 to the bank account.

None of those funds were received by the intended recipient, Searchers Productions Inc. [ 6 ] RBC has cooperated with the investigation of this fraud, but is subject to the Personal Information Protection and Electronic Documents Act , SC 2000, c 5 [ PIPEDA ]. PIPEDA restricts release of personal information. [ 7 ] On September 28, 2023, Creative Saskatchewan filed an originating application seeking a declaration and order for return of the monies. The initial appearance was in Regina civil chambers on October 19, 2023.

At the conclusion of that hearing, Robertson J. directed RBC to disclose the identity of the bank account holder and the amount remaining in the account with written reasons to follow. The main application was then adjourned to November 9, 2023. ISSUES [ 8 ] The issue is whether an order should be made directing RBC to disclose the name of the bank account holder and the amount remaining in the bank account.

ANALYSIS [ 9 ] I will first summarize relevant provisions of PIPEDA , which restrict disclosure of personal information, and then turn to the court’s authority to order release of information in appropriate circumstances. I conclude that this is such a case. PIPEDA [ 10 ]

Section 5 of PIPEDA requires organizations subject to that Act to comply with obligations set out in

Schedule 1 to PIPEDA , which pertains to protection of personal information. “Personal information” is defined in s. 2(1) as “information about an identifiable individual”. [ 11 ] Section 7(3) of PIPEDA allows organizations to disclose personal information without the knowledge or consent of the individual in specified circumstances. Section 7(3)(

f) allows disclosure to comply with an order made by a court with jurisdiction to compel the production of information or to comply with Rules of Court relating to production of records. [ 12 ] In Royal Bank of Canada v Trang , 2016 SCC 50 at para 29 , [2016] 2 SCR 412 [ Trang ], the Supreme Court of Canada addressed the proper

interpretation of PIPEDA . Writing for the court at para. 29, Cote J. confirmed that PIPEDA does not interfere with the authority of courts to make orders, including for release of records. [29] … As I discussed above, PIPEDA does not interfere with the court’s ability to make orders.

The motion judge had the power under either the Rules of Civil Procedure or the inherent jurisdiction of the court to order disclosure. … Jurisdiction to make order [ 13 ] The Saskatchewan counterpart to the Ontario Rules of Civil Procedure, RRO 1990, Reg 194 is The Queen’s Bench Rules , which similarly provide rules relating to production of records. So this Court has the same jurisdiction recognized in Trang both under its Rules of Court and its inherent jurisdiction as a superior court. [ 14 ] The court retains a discretion in whether to exercise its jurisdiction.

I find that I should make an order so that the main application can proceed. The information sought is necessary for the action to proceed. [ 15 ] RBC is not opposed to the order and indeed has cooperated as far as possible. But it reasonably asks for a court order to ensure it does not contravene PIPEDA . I do commend RBC for its cooperation and assistance of its counsel. This kind of fraud is a scourge on our businesses and economy. ORDER [ 16 ] The requested order was authorized in chambers at the conclusion of the hearing.

Rule 10-4 of The Queen’s Bench Rules was waived with respect to the respondents, other than Royal Bank of Canada. The order was filed and issued on October 19, 2023. J.

D.N. ROBERTSON