It is important that all organizations and their employees be familiar with its privacy policies and implement them accordingly. Otherwise, the organization may be exposed to claims, such as in the case of Albayate v. Bank of Montreal, 2015 BCSC 69.
The Court having reviewed the evidence and the case law confirmed that when a party, such as Ms. Albayate, is not able to prove damages for a breach of privacy or breach of contract (and where the breaching party has not acted reprehensibly) that nominal damages should be awarded. For this reason, Ms. Albayate was awarded $2,000 and each party had to bear their own costs.
Tort of Breach of Privacy – The Court provided the following reasoning regarding the breach of Ms. Albayate’s privacy rights by the Bank:
 As stated above, the bank employee who made the change could not recall the basis of the change, or what safeguards were employed to guard against the unauthorized alteration of Ms. Albayate’s personal information. As a result, I do not accept the bank’s argument that it has established that it had an honest and reasonable belief it had justification to provide an inaccurate address to the credit bureaus.
 In the circumstances, I find there was a breach of Ms. Albayate’s privacy by the bank when it provided the credit bureaus with inaccurate information about her address and then failed to make a correction when it became aware her address had been changed without her authorization.
Breach of Contract – The Court provided the following reasoning regarding the breach of contract by the Bank:
 As stated earlier, Ms. Albayate has not adduced any evidence that she has been denied credit or suffered any loss as a result of the bank’s breach. As a result, Ms. Albayate has not established that she would be in a different position if the breach of contract had not occurred.
Although the award was nominal in the claim against the Bank, because the plaintiff did not adduce evidence that she suffered damages as a result of the Bank’s conduct, the Court reaffirmed the importance of privacy as a fundamental value in our law that is worthy of protection whether or not damages are established.