Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
33620
Information and Privacy Commissioner v. Alberta Teachers' Association
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-01-05 | Appeal closed | |
| 2011-12-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-12-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-12-14 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0803-0309-AC, 2010 ABCA 26, dated January 27, 2010, heard on February 16, 2011, is allowed with costs in this Court and in the Court of Appeal. The adjudicator’s decision on the timelines issue is reinstated. The matter is remitted to the chambers judge to consider the issues not previously dealt with and resolved in the judicial review. Allowed, with costs |
|
| 2011-03-03 | Transcript received, (67 pages) | |
| 2011-02-16 | Judgment reserved OR rendered with reasons to follow | |
| 2011-02-16 |
Hearing of the appeal, 2011-02-16, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2011-02-16 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2011-02-16 | Respondent's condensed book, Filed at the hearing | Alberta Teachers' Association |
| 2011-02-16 | Appellant's condensed book, Filed at the hearing | Information and Privacy Commissioner |
| 2011-02-11 | Correspondence received from, S.M. Anderson by fax, re.: request for 4 reserved seats at the hearing | Alberta Teachers' Association |
| 2011-02-09 | Notice of appearance, from Burke Robertson re: will not be appearing, written submission only | Attorney General of British Columbia |
| 2011-02-04 | Notice of appearance, Brent B. Olthuis and Tam C. Boyar will be appearing | B.C. Freedom of Information and Privacy Association |
| 2011-02-03 |
Order by, De, FURTHER TO THE ORDER dated November 24, 2010, granting leave to intervene to the Attorney General of British Columbia, the Information and Privacy Commissioner of British Columbia and the BC Freedom of Information and Privacy Association for leave to intervene in the above appeal; IT IS HEREBY FURTHER ORDERED THAT the interveners Attorney General of British Columbia and the BC Freedom of Information and Privacy Association are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal. IT IS HEREBY FURTHER ORDERED THAT that the intervener Information and Privacy Commissioner of British Columbia is denied permission to present oral argument at the hearing of the appeal Allowed in part |
|
| 2011-02-02 | Correspondence received from, Sandra M. Anderson dated Feb. 1/11 re: decision from the Alberta Court of Queen's Bench dated Jan. 13/11 (cc. to all parties) (sent to the Court Feb. 8/11) | Alberta Teachers' Association |
| 2011-01-31 | Intervener's book of authorities, Completed on: 2011-01-31 | Attorney General of British Columbia |
| 2011-01-28 | Intervener's factum, Completed on: 2011-01-28 | Attorney General of British Columbia |
| 2011-01-28 | Intervener's book of authorities, Completed on: 2011-01-28 | B.C. Freedom of Information and Privacy Association |
| 2011-01-28 | Intervener's factum, Completed on: 2011-01-28 | B.C. Freedom of Information and Privacy Association |
| 2011-01-28 | Notice of appearance, Sandra Anderson and Anne Côté will be present at the hearing. | Alberta Teachers' Association |
| 2011-01-26 | Intervener's book of authorities, Completed on: 2011-01-26 | Information and Privacy Commissioner of British Columbia |
| 2011-01-26 | Intervener's factum, Completed on: 2011-01-26 | Information and Privacy Commissioner of British Columbia |
| 2011-01-26 | Notice of appearance, Glenn Solomon and Rob Armstrong will be present at the hearing. | Information and Privacy Commissioner |
| 2010-12-15 | Appeal perfected for hearing | |
| 2010-12-10 | Respondent's book of authorities, Completed on: 2010-12-10 | Alberta Teachers' Association |
| 2010-12-10 | Respondent's record, Completed on: 2010-12-10 | Alberta Teachers' Association |
| 2010-12-10 | Respondent's factum, Completed on: 2010-12-10 | Alberta Teachers' Association |
| 2010-12-09 | Correspondence received from, Brent Olthuis dated December 9, 2010. Re: Michael Sobkin will be acting as agent | B.C. Freedom of Information and Privacy Association |
| 2010-11-25 | Letter sent to Intervener(s) | |
| 2010-11-24 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2010-11-24 |
Decision on the motion for leave to intervene, LeB, The motions for leave to intervene by the Attorney General of British Columbia, Information and Privacy Commissioner of British Columbia and BC Freedom of Information and Privacy Association are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before January 28, 2011. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention. Granted |
|
| 2010-11-24 | Submission of motion for leave to intervene, LeB | |
| 2010-11-18 | Response to the motion for leave to intervene, (by AGBC, Information and Privacy Commissoner of B.C. and B.C. Freedom of Inform....), Completed on: 2010-11-18 | Alberta Teachers' Association |
| 2010-11-17 | Response to the motion for leave to intervene, (by Information and Privacy Commissoner of B.C. and B.C. Freedom of Inform....), Completed on: 2010-11-17 | Information and Privacy Commissioner |
| 2010-11-16 | Notice of hearing sent to parties | |
| 2010-11-16 |
Appeal hearing scheduled, 2011-02-16, (start time 9:30am) Judgment reserved |
|
| 2010-11-12 | Motion for leave to intervene, (bookform), Completed on: 2010-11-12 | B.C. Freedom of Information and Privacy Association |
| 2010-11-10 | Motion for leave to intervene, (bookform), Completed on: 2010-11-10 | Information and Privacy Commissioner of British Columbia |
| 2010-11-10 | Response to the motion for leave to intervene, (by AGBC), Completed on: 2010-11-10 | Information and Privacy Commissioner |
| 2010-11-09 | Motion for leave to intervene, Completed on: 2010-11-09 | Attorney General of British Columbia |
| 2010-10-15 | Appellant's book of authorities, Completed on: 2010-10-15 | Information and Privacy Commissioner |
| 2010-10-15 | Appellant's record, (2 volumes), Completed on: 2010-10-15 | Information and Privacy Commissioner |
| 2010-10-15 | Appellant's factum, Completed on: 2010-10-15 | Information and Privacy Commissioner |
| 2010-08-09 | Notice of appeal, Completed on: 2010-08-09 | Information and Privacy Commissioner |
| 2010-06-30 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-06-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-06-18 | Judgment on leave sent to the parties | |
| 2010-06-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0803-0309-AC, 2010 ABCA 26, dated January 27, 2010, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2010-05-17 | All materials on application for leave submitted to the Judges, Bi F Ro | |
| 2010-05-03 | Applicant's reply to respondent's argument, Completed on: 2010-05-03 | Information and Privacy Commissioner |
| 2010-04-21 | Respondent's response on the application for leave to appeal, Completed on: 2010-04-21 | Alberta Teachers' Association |
| 2010-04-14 | General proceeding, Formal order form filed- CA order expected April 30/10 | Information and Privacy Commissioner |
| 2010-03-30 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2010-03-26 | Application for leave to appeal, CA order missing-rec'd Apr 27/10, Completed on: 2010-04-27 | Information and Privacy Commissioner |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Information and Privacy Commissioner | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alberta Teachers' Association | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Information and Privacy Commissioner of British Columbia | Intervener | Active |
| B.C. Freedom of Information and Privacy Association | Intervener | Active |
Counsel
Party: Information and Privacy Commissioner
Counsel
Rob Armstrong
800-304 8 Avenue, S.W.
Calgary, Alberta
T2P 1C2
Telephone: (403) 571-1507
FAX: (403) 571-1528
Email: gsolomon@mjss.ca
Agent
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca
Party: Alberta Teachers' Association
Counsel
Anne L. G. Côté
2000 Oxford Tower
10235 101 Street, N.W.
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-7602
FAX: (780) 424-7116
Email: sanderson@fieldlaw.com
Agent
1500 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8224
FAX: (613) 788-3654
Email: allan.obrien@nelligan.ca
Party: Attorney General of British Columbia
Counsel
David Loukidelis, Q.C.
Veronica Jackson
1001 Douglas Street, 6th floor, Constitutional Division,
P.O. Box 9280, Stn. Provincial Government
Victoria, British Columbia
V8V 1X4
Telephone: (250) 356-6944
FAX: (250) 356-9154
Email: deanna.billo@gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Information and Privacy Commissioner of British Columbia
Counsel
Nitya Iyer
1055 West Hastings St., Ste 2200
Vancouver, British Columbia
V6E 2E9
Telephone: (250) 381-1010
FAX: (866) 895-2137
Email: mrankin@heenan.ca
Agent
55 Metcalfe street, Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-4673
FAX: (866) 224-5596
Email: jparisien@heenan.ca
Party: B.C. Freedom of Information and Privacy Association
Counsel
Tam C. Boyar
1040 West Georgia Street
Suite 2100
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: bolthuis@litigationchambers.com
Agent
Unit #2
Gatineau, Quebec
J9H 7K8
Telephone: (819) 778-7794
FAX: (819) 778-1740
Email: msobkin@sympatico.ca
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Administrative law - Boards and tribunals - Judicial review - Office of the Information and Privacy Commissioner - Adjudicator finding that respondent Association had disclosed complainants’ personal information contrary to Personal Information Protection Act, S.A. 2003, c. P 6.5 - Adjudicator’s decision quashed on judicial review on basis that Commissioner lost jurisdiction for failing to comply with time lines set out in s. 50(5) of Act - Consequences that ought to flow when a tribunal breaches a statutorily imposed time limit - Whether it is appropriate for a court, on judicial review, to review a matter that has not been decided by the tribunal at first instance - What consequences ought to flow when a tribunal breaches a statutorily imposed time line?
Ten individuals complained to the Office of the appellant Information and Privacy Commissioner that the respondent Alberta Teachers’ Association disclosed, in contravention of the Personal Information Protection Act, S.A. 2003, c. P 6.5, their personal information by publishing their names and other information about them in a publication called the “ATA News”. The adjudicator found that the Association had disclosed the complainants’ personal information contrary to ss. 7 and 19 of the Act. On judicial review, the adjudicator’s decision was quashed on the basis that the Commissioner lost jurisdiction for failing to comply with the time lines set out in s. 50(5) of the Act. The Court of Appeal, in a majority decision, upheld that decision.
Lower court rulings
Court of Queen’s Bench of Alberta
0803 05729
Judicial review granted and Commissioner's order quashed
Court of Appeal of Alberta (Edmonton)
0803-0309-AC, 2010 ABCA 26
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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