TREB's PIPEDA-based privacy/business-justification defence failed on the facts — wide use, inconsistent enforcement, no CPO/CIO evidence; principle remains theoretically open

Claim. TREB's PIPEDA-based justification "simply did not mesh with the evidence" — wide use of the data by those with feed access; inconsistent privacy enforcement; no evidence from its CPO/CIO. A better-evidenced privacy justification remains theoretically open.

Quote.

"Simply did not mesh with the evidence."

Source. mondaq / FCA 2017 analysis, accessed 2026-06-21.

Confidence. Verified.

Caveats. The failure was evidentiary, not doctrinal. A board with consistent enforcement and CPO/CIO evidence could in principle mount the same defence.

Implication / use. Important for any "the courts have rejected PIPEDA-based MLS restrictions" framing — they rejected this case, not the principle.