Case Report – Div. Court issues significant decision on Ontario FOI exclusions
On March 26th the Divisional Court issued a significant decision on the Information Privacy Commissioner/Ontario’s jurisdiction to oversee claims that records are excluded from public access. The...
View ArticleCase Report – Case about filing “unofficial transcript” of administrative...
On August 10th, the British Columbia Court of Appeal granted leave to appeal a decision that permitted a judicial review applicant to file a self-produced transcript of a British Columbia Human Rights...
View ArticleBC access decision quashed for improper consideration of expert evidence
On January 8th, the Supreme Court of British Columbia quashed an access decision because the Commissioner admitted opinion evidence, but did not consider it to be expert evidence. The Court differed...
View ArticleJudicial review petitition moot after requester loses interest in obtaining...
On January 8th, the Supreme Court of British Columbia dismissed a British Columbia Lottery Corporation petition for judicial review because the requester was no longer interested in receiving a copy of...
View ArticleJudicial review not the regular means to challenge PIPEDA investigation reports
On January 15th the Federal Court dismissed two judicial review applications brought by a self represented applicant who took issue with two OPC investigation findings made under under PIPEDA. The...
View ArticleDiv Ct affirms decision to give access to government contract
On December 2nd the Divisional Court affirmed an IPC/Ontario decision that granted access to a municipal contract. The decision is an administrative law decision, but the Court does summarize the...
View ArticleReview of IPC exclusion decisions now (officially) subject to reasonableness...
A friend just brought a notable FIPPA judicial review from February 24th to my attention. In it, the Divisional Court affirmed an IPC order to disclose the full names of FRO employees in response to a...
View ArticleFOI matter moot because the stated reasons for a request spent
On December 15, the Alberta Court of Appeal held that an FOI matter was moot, in part, because the stated reasons for a request were spent. It said: Second, the dispute about whether certain records...
View ArticleReasonable necessity not enough to justify collection under Ontario’s public...
Section 38(2) is an important provision of Ontario’s provincial public sector privacy statue. It requires institutions to satisfy a necessity standard in collecting personal information. Ontario’s...
View ArticleCase Report – Case about filing “unofficial transcript” of administrative...
On August 10th, the British Columbia Court of Appeal granted leave to appeal a decision that permitted a judicial review applicant to file a self-produced transcript of a British Columbia Human Rights...
View ArticleJudicial review not the regular means to challenge PIPEDA investigation reports
On January 15th the Federal Court dismissed two judicial review applications brought by a self represented applicant who took issue with two OPC investigation findings made under under PIPEDA. The...
View ArticleCourt affirms IPC decision on doctor payments
On June 30th, the Divisional Court affirmed an Information and Privacy Commissioner/Ontario decision that the amounts billed to OHIP by top billing doctors did not constitute the doctors’ personal...
View ArticleDiv Ct. quashes IPC decision for failure to identify PI under consideration
On December 18th, the Divisional Court quashed an IPC/Ontario order that affirmed a municipal institution’s decision to apply the public interest override in disclosing an internal investigation...
View ArticleOCA says Children’s Lawyer records not under MAG’s custody or control
On June 18th the Court of Appeal for Ontario held that the Ministry of the Attorney General is not in custody or control of records in a Children’s Lawyer litigation file even though the Children’s...
View ArticleBCSC quashes FOI decision about risk of harm to Airbnb hosts
On July 4th, the Supreme Court of British Columbia quashed a British Columbia OIPC order to provide an FOI requester with access to information about Airbnbs operating in the City of Vancouver. The...
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