Campbell v. Capital One Financial Corporation
Duncan Campbell
Law Firm / Organization
Charney Lawyers
Capital One Financial Corporation
Capital One Bank (Canada Branch)

Background:
Duncan Campbell, a former customer of Capital One Financial Corporation, initiated a class action after a 2019 data breach exposed the personal information of millions of Canadians. The breach was caused by a hacker, Paige Thompson. Campbell sought damages for negligence, breach of contract, and violations of privacy and consumer protection laws.

Legal Issues:

  • Privacy Torts: Campbell appealed the lower court’s rejection of claims for intrusion upon seclusion and breach of confidence, arguing Capital One’s data security failures made them liable.
  • Statutory Privacy Claims: Capital One cross-appealed, arguing claims under Manitoba and Newfoundland privacy statutes lacked jurisdiction in British Columbia courts.
  • Negligence and Damages: Both parties disputed the applicability of negligence law and whether damages could be awarded, including under the British Columbia Negligence Act.

Court Decision:
The Court of Appeal upheld the lower court's decisions, dismissing both the appeal and cross-appeal. It ruled that Campbell’s claims for breach of confidence and intrusion upon seclusion were unlikely to succeed, but statutory privacy claims could proceed. The court also found that moral damages under negligence law were not recoverable.

Outcome:
No damages were awarded, as both appeals were dismissed. The total claim sought by Campbell was $800 million, but no costs or damages were granted in favor of either party.

Court of Appeals for British Columbia
CA48385
Tort law