{"id":1613,"slug":"pipeda-no-independent-cause-of-action-fca","title":"PIPEDA has no independent cause of action — complaints must go to the Privacy Commissioner first (s.14); FCA confirmed (Lexology / TRREB v. IMS)","kind":"reference","scope":"business","status":"current","audiences":["kevin","candid-team"],"topics":["privacy-pipeda","competition-law-canada"],"reference_body":"**Claim.** The FCA confirmed there is no independent cause of action for breach of PIPEDA — complaints must go to the Privacy Commissioner first (s.14).\n\n**Source.** Lexology / *TRREB v. IMS* commentary, accessed 2026-06-21.\n\n**Confidence.** Verified.\n\n**Caveats.** \"No independent cause of action\" does not mean PIPEDA is toothless — OPC investigations + the Federal Court appeal route remain. Civil claims must route differently (negligence, breach of contract, etc.).\n\n**Implication / use.** Important procedural fact for anyone trying to sue *on* PIPEDA in the MLS context — the gate is the Privacy Commissioner.","rationale_body":null,"metadata":null,"links":{"outgoing":[{"slug":"research-brief-mls-data-inside-the-box-ontario-june-2026","title":"Research notes (capture-layer): inside the MLS box — what an Ontario member agent's account exposes, what goes unused, and what they're licensed to do with it (June 2026)","kind":"research-notes","scope":"business","link_type":"depends-on"},{"slug":"ims-v-trreb-2023-fca-70-copyright-revived","title":"IMS v. TRREB (2023 FCA 70) — FCA allowed TRREB's copyright claims to proceed; prior 2017 obiter did NOT finally decide originality of *this* (different/updated) MLS work; **copyright is live again, not settled**","kind":"reference","scope":"business","link_type":"relates-to"}],"incoming":[{"slug":"research-brief-mls-data-inside-the-box-ontario-june-2026","title":"Research notes (capture-layer): inside the MLS box — what an Ontario member agent's account exposes, what goes unused, and what they're licensed to do with it (June 2026)","kind":"research-notes","scope":"business","link_type":"relates-to"}]},"created_at":"2026-06-21T10:51:32.827Z","updated_at":"2026-06-21T10:51:32.827Z"}