Lawyer Sues Apple Canada For Demise Of His Time Capsule, Loses Vital Data


A lawyer residing in British Columbia named Perminder S. Tung, has reportedly filed a lawsuit against Apple Canada for the demise of his nearly three-year-old Time Capsule (via CBC News). The prosecutor has apparently accused Apple of being in “breach of contract for failure to provide promised services and goods“, and is seeking over $25,000 in damages for the loss of the “sole backup” of his iPhone, containing irreplaceable memories such as data from the birth of his first child.

Detailing from the source:

Tung said the router and backup unit failed on or around March 14 of this year, nearly three years after he purchased it. He then called Apple tech support who refused to troubleshoot as the product was clearly out of the one-year warranty. A day later, he brought the Time Capsule into Apple Specialist Simply Computing’s Langley location, who also told Tung that it was out of warranty, and suggested he bring it back to the Apple Store where it was purchased. 

Six days later, the genius at the Apple Store in the Pacific Centre indicated the data on the Time Capsule was lost and unretrievable, but admitted that previous models were known to develop problems. Tung was offered a replacement unit at a lower-than-retail cost, but refused the offer.

Before Tung could institute a replacement backup solution procured on his own, his iPhone failed, and data from the birth of his first child were lost, as well as “other significant memories” stored in the phone which were apparently not stored in iPhoto, iCloud storage, or an iTunes backup of his phone.

Specifics of the Time Capsule’s mode of failure are not yet available, nor is the reason for the iPhone’s demise. Apple Canada has yet to comment on the filing.


  • Rccj

    People like this give lawyers a bad name. Not to mention, this guy is an idiot relying on a 1 back up. Wake up and use you so called intelligent lawyer mind.

  • I’m a Network Systems Administrator and in the end, it’s up to you to manage your own hardware and software, not the company you bought the product from 3 years ago!

  • NoOneCares

    Some lawyer – can he not understand the standard disclaimer in the information provided with the unit that will clearly indicate that Apple is not liable if you lose information by relying on their unit? That their only liability is on the hardware itself, and only during the warranty period? He had a week to prepare a second backup, which he should have done as soon as he realized that the Time Capsule had failed.

  • Mikevans75

    I’m glad this guy’s name was published. I know one lawyer I won’t be consulting.

  • It’s pretty silly. Relying on one hardware backup source nowadays isn’t enough. At least get an off site cloud solution going.

  • NoOneCares

    Yeah – Seems we are not getting the full story here either. If these precious memories are not in iPhoto, iCloud, or iTunes. Then how did they get onto the Time Capsule? You can’t backup from an iphone to the Time Capsule directly, so they must have been on his computer at some point, and he deleted the so-called precious memories. Or, more likely, he’s a liar who figures that since the Time Capsule can’t be recovered, no-one can prove he never had anything backed up in the first place.

  • The Time Capsule is not even a raid solution, fail for this guy for not doing a raid solution. Hard drive fails and all data is lost. When will people learn. I have a raid solution at home, and all data is backed up nightly to a remote server for 3 points of protection. My hard drive fails, I can put in a replacement. My house burns down, I still have data on the remote server.

    Backup, Backup, Backup, and Backup again. The only way to ensure you don’t lose anything.

  • xxJDxx

    Perhaps an iphoneincanada guide to setting up multiple backups for your iData?

  • I’m using Crash Plan to backup our Macs, along with Time Machine to an external HD. For iOS devices, it’s all iCloud right now.

  • Frankie

    Somebody give this lawyer the good news and ask him to contact OnTrack Data Retrieval Services. I’m surprised the Genius didn’t advise him of that. OnTrack will retrieve data off any broken drive, unless of course the metal platters are chipped or broken (for that, you’ll have to pass a military tank over the drive). The fee is $800-$1500 depending on drive size or damage severity and thecourt will grant our lawyer than amount plus the court expense. next time, he should back up his iPhone photos to iCloud as well as hid Time Capsule.

  • WhatThe

    Problem is, what happens when your house burns down and your “remote server” goes belly up? You need a min. of 6 points of protection for your porn.

  • Anon

    What contract? He has no case. Not to mention it’s 2 years past the 1 year warranty. Greedy cash-grab attempt FAIL!

  • my friend’s mother-in-law makes $85 every hour on the computer. She has been out of a job for 6 months but last month her paycheck was $19177 just working on the computer for a few hours. Read more here

    ?????? (Click On My Name For Link)