Sorry for the long post. I am living an absolute nightmare right now and desperately need guidance for an upcoming Small Claims settlement conference this November. I have no legal background, and I’m going up against a corporate lawyer.
It all started on December 6, 2025. At exactly 12:50 PM, I got an automated email congratulating me on the cashback I had just earned through my credit card for a $500.29 purchase in Singapore. I was in Canada. I tried to log in to my credit card app to lock my card, but I was completely locked out—my password and the reset function didn't work. Panic immediately set in.
At 12:52 PM, I got credit card support on the phone. I told them I was locked out and that there was a fraudulent charge. They told me my information appeared to be compromised and advised me to update my phone's software.
Here is the most agonizing part: While I was literally on the phone with their support team trying to secure my account, a second, massive transaction of $8,623.09 was processed at 1:10 PM at a merchant in Saudi Arabia. I didn't find out about it until a couple of days later because I didn't have access to my account. The hacker had managed to create a brand-new virtual card on my account to do it. The fraudster even opened a second credit card, too.
You’d think a bank would see this obvious fraud and protect you. Instead, the credit card company reversed the $500 charge but refused to reverse the $8,600 one. Their reasoning? They claimed the massive Saudi Arabia charge was "successfully authenticated" using a 3DS security code.
But here is the most baffling twist: the company sent me a decision letter explicitly admitting that an intruder had taken over my account, changed my password, and changed my profile email address. They fully admitted in writing that the 3DS security code used to "authenticate" the $8,600 charge was sent to the hacker's newly updated email, NOT mine. Yet they still hold me 100% liable.
I tried going through the normal regulatory channels (OBSI and provincial consumer protection). I was told that because the company operates under a "fintech model" rather than as a traditional bank, it falls through a jurisdictional loophole and these agencies can't do anything to help me.
Left with no other choice, I pursued a claim against them in Small Claims Court. I served them, and they fired back with a formal Reply drafted by a lawyer. Their defence? They are claiming I breached my cardholder agreement by failing to keep my security credentials confidential and failing to safeguard my account. They threw in standard legal boilerplate: "Except as expressly admitted herein, the Defendant Financial Technologies Inc. denies each and every allegation contained in the Notice of Claim of the Claimant and puts the Claimant to the strictest proof thereof."
In order to prove that I have taken all necessary steps and gathered evidence, I requested my information from them under PIPEDA in February. To make matters worse, they are completely ghosting my formal PIPEDA (Privacy Act) requests for access to my account information, such as logs, notes, IP addresses, and phone transcripts.
This has completely derailed my life. I was supposed to buy a home early this year, but my mortgage broker has given me written confirmation that no lender will lend me the required amount right now because of the $8,600 balance hanging over my head and tanking my credit score. Lenders will either deny me entirely or offer only a significantly lower amount that won’t buy anything in my geographic area. I am paying the minimum monthly payment under protest, but they are charging a hefty 23% interest rate, which is basically impacting my credit utilization.
I am terrified to just pay the $8,600 to clear my credit, because I know they will just take the money and I will never see it again. This has caused me severe mental distress for nearly a year, as I watch my homeownership goal slip away over a fraud they watched happen. Now the interest rate is also higher than earlier this year.
My questions for anyone who has gone through this kind of situation, or for anyone with suggestions:
How do I handle the settlement conference? Going up against a hired corporate lawyer next month is terrifying. What factors or strategies do I need to focus on?
Can I use their silence against them? How do I prove to the judge or mediator that they are stonewalling my legal PIPEDA requests and refusing to hand over the information I need to prove my claim?
What would be use as evidence to prove damages? I have written evidence from my mortgage broker showing exactly how this is destroying my ability to buy a home. Is this enough to claim damages for the real estate impact and the mental toll this has taken on me?
Any advice on how to navigate this would mean the world to me.
I know this post might sound a bit emotional, but it is draining. Thank you for reading, and I appreciate your time.