dischargestatements
Y
our foreclosure proceedings
le a shortfall owing on your
mortgage. You registered the
court judgment you obtained
against real estate owned by
the debtor. ere was already a mortgage
registered against the property; therefore,
you need to know the amount owing on the
mortgage so you can calculate the amount of
equity available to satisfy your judgment from
a sale of the property. e lender refuses to
give you a discharge statement without the
consent of the debtor, but the debtor will not
consent. Is the lender required to give you the
discharge statement? Can the lender give you
the discharge statement without the consent
of the debtor?
e Supreme Court of Canada in Royal
Bank of Canada v. Trang, 2016 SCC 50, has
made your life easier. It balances the privacy
rights of the debtor with the commercial
needs of the creditor in a way that doesn't
make it unduly difficult for creditors to collect
on their judgments. While the case involves
federal legislation – the Personal Information
Protection and Electronic Documents Act
(PIPEDA) – the decision has far greater
implications in the balancing of privacy rights
and commercial needs across the board.
e Royal Bank of Canada (RBC), as a
judgment creditor in Ontario, found itself in the
The Supreme Court of
Canada's balancing of
privacy and commercial
needs makes it easier
to obtain discharge
statements from an
uncooperative debtor
Statements
BY RAY BASI, LL.B. STAFF,
EDUCATION AND POLICY REVIEW
Privacy-Charged
Discharge
