The applicant, a lawyer charged with money laundering and possession of property obtained by crime, sought to vary or vacate three restraint orders freezing his bank and securities accounts.
He argued the orders were based on information obtained in breach of his s. 8 Charter rights, PIPEDA, and a production order, and that the banks acted as state agents.
The court dismissed the application, finding the accounts were properly restrained as offence-related property or proceeds of crime.
The court held the applicant had no reasonable expectation of privacy in the banking information disclosed, the banks acted independently to protect their own interests and not as state agents, and the disclosures complied with PIPEDA.
The court also found the CRA tax information was properly acquired and used.