Identity Theft Damages Calculator — Canada

You can recover unreimbursed fraudulent charges, the reasonable value of the time you spent restoring your identity, out-of-pocket costs, and distress. Where an organization’s mishandling of your personal information caused the harm, the Federal Court can award damages under PIPEDA. Canada has no US-style fixed statutory damages, so awards are compensatory and generally modest.

Generally no, if you report promptly. The major Canadian card networks apply zero-liability policies for unauthorized use, and banking agreements limit your responsibility when you did not contribute to the loss and reported it quickly. Report fraud to your bank immediately and keep a record of the report to protect these rights.

PIPEDA, Canada’s federal private-sector privacy law, requires organizations to protect personal information and to report significant breaches. If an organization’s failure caused your identity theft, you can complain to the Office of the Privacy Commissioner and then apply to the Federal Court, which can award damages under section 16, including for humiliation. Awards are usually in the low thousands.

Report to the Canadian Anti-Fraud Centre, notify your bank and card issuers, and place fraud alerts on your files with Equifax Canada and TransUnion Canada. If an organization’s breach is involved, file a complaint with the Office of the Privacy Commissioner. Keep copies of every report and dispute to support any later claim.