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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.

34828

John Doe, Requester, et al. v. Minister of Finance for the Province of Ontario, et al.

(Ontario) (Civil) (By Leave)

(Sealing order)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2014-05-20 Appeal closed
2014-05-12 Formal judgment sent to the registrar of the court of appeal and all parties
2014-05-12 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-05-09 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Ka Wa, The appeal from the judgment of the Court of Appeal for Ontario, Number C54157, 2012 ONCA 125, dated February 24, 2012, heard on November 6, 2013, is dismissed without costs. The matter shall not be remitted to the Information and Privacy Commissioner of Ontario for redetermination.
Dismissed, without costs
2014-02-19 Correspondence received from, David Debenham, re.: will be taking carriage of this matter from Jeffrey W. Beedell. Freedom of Information and Protection of Privacy Commissioner [Review Officer] for Nova Scotia and the Information and Privacy Commissioner of Prince Edward Island
2013-11-21 Transcript received, 138 pages
2013-11-06 Judgment reserved OR rendered with reasons to follow
2013-11-06 General proceeding, Questionnaire following hearing Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2013-11-06 General proceeding, Questionnaire following hearing Minister of Finance for the Province of Ontario
2013-11-06 General proceeding, questionnaire following hearing
 John Doe, Requester
2013-11-06 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of British Columbia
2013-11-06 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Information and Privacy Commissioner of Alberta
2013-11-06 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Canada
2013-11-06 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Minister of Finance for the Province of Ontario
2013-11-06 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2013-11-06 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) John Doe, Requester
2013-11-06 Acknowledgement and consent for video taping of proceedings, from all parties
2013-11-06 Hearing of the appeal, 2013-11-06, CJ LeB Abe Ro Cro Ka Wa
Judgment reserved
2013-10-31 Correspondence received from, Susanne Levick re: 1 reserved seat Attorney General of British Columbia
2013-10-29 Supplemental document, Book of Authorities, Completed on: 2013-10-29 Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2013-10-24 Correspondence received from, Karen Collins re: Error in BOA Minister of Finance for the Province of Ontario
2013-10-23 Correspondence received from, (Letter Form), error identified on page 23 of their factum. Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2013-10-22 Notice of appearance, Richard Butler and John Tuck will be present Attorney General of British Columbia
2013-10-21 Notice of appearance, Sharlene Tellers-Langdon will be present at the hearing Attorney General of Canada
2013-10-21 Correspondence received from, Sara Blake re: 2 reserved seats Minister of Finance for the Province of Ontario
2013-10-21 Notice of appearance, Mr. William S. Challis will be present Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2013-10-21 Notice of appearance, Sara Blake, Malliha Wilson and Kisha Chatterjee will be present Minister of Finance for the Province of Ontario
2013-10-21 Notice of appearance, Mr. Alan M. Schwartz, Q.C., Mr. Alex D. Cameron and Mr. Kevin H. Yip will be present John Doe, Requester
2013-10-18 Notice of appearance, Nitya Iyer will be present Information and Privacy Commissioner of British Columbia
2013-10-17 Notice of appearance, Jillian Harker will be present Freedom of Information and Protection of Privacy Commissioner [Review Officer] for Nova Scotia and the Information and Privacy Commissioner of Prince Edward Island
2013-10-03 Notice of appearance, Brent B. Olthius and Andrea A Glen will be present British Columbia Freedom of Information and Privacy Association
2013-08-30 Notice of appearance, Mr. Ryder Gilliand and Mr. Nickolas Tzoulas will be appearing. Mr. Gilliand will present oral argument. Canadian Civil Liberties Association
2013-08-26 Notice of hearing sent to parties
2013-08-21 Appeal hearing scheduled, 2013-11-06, (Previously Nov. 8/2013 & Oct. 15/2013)
Judgment reserved
2013-08-09 Order by, Ro, FURTHER TO THE ORDER dated May 23, 2013, granting leave to intervene to the Attorney General of Canada, the Information and Privacy Commissioner of Alberta, Freedom of Information and Protection of Privacy Commissioner [Review Officer] for Nova Scotia and the Information and Privacy Commissioner of Prince Edward Island, the British Columbia Freedom of Information and Privacy Association, the Information and Privacy Commissioner of British Columbia, the Canadian Civil Liberties Association and the Attorney General of British Columbia;
IT IS HEREBY FURTHER ORDERED THAT the said six groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2013-07-18 Intervener's book of authorities, (Book Form), Completed on: 2013-07-18 Attorney General of British Columbia
2013-07-18 Intervener's factum, Completed on: 2013-07-18 Canadian Civil Liberties Association
2013-07-18 Intervener's book of authorities, Completed on: 2013-07-18 Information and Privacy Commissioner of British Columbia
2013-07-18 Intervener's factum, Completed on: 2013-07-18 Information and Privacy Commissioner of British Columbia
2013-07-18 Intervener's book of authorities, Completed on: 2013-07-18 Information and Privacy Commissioner of Alberta
2013-07-18 Intervener's factum, Completed on: 2013-07-18 Information and Privacy Commissioner of Alberta
2013-07-18 Intervener's factum, (Book Form), Completed on: 2013-07-18 Attorney General of British Columbia
2013-07-18 Intervener's book of authorities, (Book Form), service rec'd July 22/13, Completed on: 2013-07-22 Attorney General of Canada
2013-07-18 Intervener's factum, (Book Form), Service rec'd July 22/13, Completed on: 2013-07-22 Attorney General of Canada
2013-07-18 Intervener's book of authorities, Completed on: 2013-07-18 British Columbia Freedom of Information and Privacy Association
2013-07-18 Intervener's factum, Completed on: 2013-07-18 British Columbia Freedom of Information and Privacy Association
2013-05-23 Order on motion for leave to intervene, (by ROTHSTEIN J.)
2013-05-23 Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Attorney General of Canada, the Information and Privacy Commissioner of Alberta, Freedom of Information and Protection of Privacy Commissioner [Review Officer] for Nova Scotia and the Information and Privacy Commissioner of Prince Edward Island, the British Columbia Freedom of Information and Privacy Association, the Information and Privacy Commissioner of British Columbia and the Canadian Civil Liberties Association for leave to intervene in the above appeal;
AND UPON APPLICATION by the Attorney General of British Columbia for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Attorney General of Canada, the Information and Privacy Commissioner of Alberta, Freedom of Information and Protection of Privacy Commissioner [Review Officer] for Nova Scotia and the Information and Privacy Commissioner of Prince Edward Island, the British Columbia Freedom of Information and Privacy Association, the Information and Privacy Commissioner of British Columbia and the Canadian Civil Liberties Association are granted and the said five groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before July 18, 2013.
The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Attorney General of British Columbia is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before July 18, 2013.
To the extent that the interests are similar, interveners shall consult to avoid repetition.
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 are not 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions
Granted
2013-05-23 Submission of motion for leave to intervene, Ro
2013-05-21 Appeal perfected for hearing
2013-05-17 Respondent's book of authorities, (3 volumes), Completed on: 2013-05-17 Minister of Finance for the Province of Ontario
2013-05-17 Respondent's factum, Completed on: 2013-05-17 Minister of Finance for the Province of Ontario
2013-05-17 Reply to the motion for leave to intervene, from Jeffrey Beedell by fax, re: reply to the response filed by the Minister of Finance on May 14, 2013, Completed on: 2013-05-17 Information and Privacy Commissioner of Alberta
2013-05-16 Reply to the motion for leave to intervene, from Ryder Gilliland by fax, re: reply to revised letter from Minister of Finance, Completed on: 2013-05-16 Canadian Civil Liberties Association
2013-05-14 Response to the motion for leave to intervene, from Sarah Blake dated May 14/13 re: response to all motions for leave to intervene, Completed on: 2013-05-14 Minister of Finance for the Province of Ontario
2013-05-13 Correspondence received from, Sara Blake dated May 13/13 re consents to CCLA's request to file its reply to May 22/13 Minister of Finance for the Province of Ontario
2013-05-08 Correspondence received from, Ryder Gilligand dated May 8/13 in response to Sara Blake's letter of May 7/13 Canadian Civil Liberties Association
2013-05-07 Correspondence received from, Sara Blake dated May 7/13 to withdraw letter of May 3/13 re position on interventions Minister of Finance for the Province of Ontario
2013-05-06 Reply to the motion for leave to intervene, (Letter Form), from Sharlene M. Telles-Langdon dated May 6/13 re: reply to Appellant's response, Completed on: 2013-05-06 Attorney General of Canada
2013-05-03 Response to the motion for leave to intervene, (Letter Form), from William S. Challis dated May 3/13 (by all interveners but BC FOIPA), Completed on: 2013-05-03 Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2013-05-03 Response to the motion for leave to intervene, (Letter Form), from Kevin Yip dated May 3/13 re: response to motions for leave to intervene of all but BCFIPA, Completed on: 2013-05-03 John Doe, Requester
2013-05-03 Response to the motion for leave to intervene, (Letter Form), from Sarah Blake dated May 3/13 re: response to all motions for leave to intervene (SEE letter dated May 7/13 re withdrawal), Completed on: 2013-05-03 Minister of Finance for the Province of Ontario
2013-04-29 Motion for leave to intervene, (Book Form), (joint with an extension of time), Completed on: 2013-04-30 Attorney General of British Columbia
2013-04-29 Response to the motion for leave to intervene, (Letter Form), from William S. Challis dated Apr. 29/13 (by BC FOIPA), Completed on: 2013-04-29 Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2013-04-29 Response to the motion for leave to intervene, (Letter Form), from Kevin Y. Yip dated Apr. 29/13 (by Bc FOIPA), Completed on: 2013-04-29 John Doe, Requester
2013-04-23 Motion for leave to intervene, Completed on: 2013-04-23 Canadian Civil Liberties Association
2013-04-23 Motion for leave to intervene, Completed on: 2013-04-23 Information and Privacy Commissioner of British Columbia
2013-04-23 Motion for leave to intervene, Completed on: 2013-04-23 Attorney General of Canada
2013-04-23 Motion for leave to intervene, Completed on: 2013-04-23 Information and Privacy Commissioner of Alberta
2013-04-22 Motion for leave to intervene, Completed on: 2013-04-22 British Columbia Freedom of Information and Privacy Association
2013-03-26 Correspondence received from, Mr. Challis dated Mar. 26/13 re: filing of Appeal documents with attached order of June 28, 2011 Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2013-03-26 Appellant's book of authorities, (Book Form), Joint Vol. 1 and 2, Completed on: 2013-03-26 John Doe, Requester
2013-03-26 Appellant's record, (Book Form), Joint Vol. 1 to 3, vol. 3 sealed and 3 public copies rec'd, Completed on: 2013-03-26 John Doe, Requester
2013-03-26 Appellant's factum, (Book Form), Completed on: 2013-03-26 Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2013-03-26 Appellant's factum, New copy of factum filed on March 27, 2013, Completed on: 2013-03-26 John Doe, Requester
2012-12-14 Notice of appeal, CD missing - Rec'd on April 3, 2013, Completed on: 2013-04-03 John Doe, Requester
2012-12-14 Notice of appeal, Completed on: 2012-12-14 Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2012-12-12 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-11-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-11-16 Judgment on leave sent to the parties
2012-11-15 Judgment of the Court on the application for leave to appeal, The motions for an extension of time to serve and file the applications for leave to appeal and the applicants’ replies are granted. The applications for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C54157, 2012 ONCA 125, dated February 24, 2012, are granted without costs.
Granted, without costs
2012-11-15 Decision on motion to extend time, see judgment
Granted
2012-11-15 Decision on motion to extend time, see judgment
Granted
2012-11-15 Decision on motion to extend time to file and /or serve the leave application, see judgment
Granted
2012-11-15 Decision on motion to extend time to file and /or serve the leave application, see judgment
Granted
2012-07-30 All materials on application for leave submitted to the Judges, De F Ka
2012-07-30 Submission of motion to extend time, De F Ka
2012-07-30 Submission of motion to extend time, De F Ka
2012-07-30 Submission of motion to extend time to file and/ or serve the leave application, De F Ka
2012-07-30 Submission of motion to extend time to file and/ or serve the leave application, De F Ka
2012-07-09 Motion to extend time, included in the reply, Completed on: 2012-07-09 John Doe, Requester
2012-07-09 Applicant's reply to respondent's argument, Completed on: 2012-07-09 John Doe, Requester
2012-07-09 Motion to extend time, Included in the reply, Completed on: 2012-07-09 Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2012-07-09 Applicant's reply to respondent's argument, Completed on: 2012-07-09 Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2012-06-22 Correspondence received from, Mr. Challis rec'd by fax re: will file a reply by July 9/12 with extension of time and consent Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2012-06-20 Correspondence received from, Sara Blake dated June 20, 2012. Re: Disregard incorrect footnote 1 in response Minister of Finance for the Province of Ontario
2012-06-14 Respondent's response on the application for leave to appeal, Joint, Completed on: 2012-06-14 Minister of Finance for the Province of Ontario
2012-05-23 Letter acknowledging receipt of a complete application for leave to appeal
2012-05-17 Correspondence received from, Borden Ladner Gervais re: Revised Form 25B Certificate Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2012-05-15 Correspondence received from, Mr. Challis re: sealing order Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2012-05-15 Book of authorities, SECOND APPLICATION Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2012-05-15 Response to the motion to extend the time to file and / or serve the leave application, Included with SECOND APPLICATION, Completed on: 2012-05-15 Minister of Finance for the Province of Ontario
2012-05-15 Motion to extend the time to file and or serve the application for leave to appeal, Included in SECOND APPLICATION, Completed on: 2012-05-15 Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2012-05-15 Application for leave to appeal, SECOND APPLICATION - SEALED + 2 Redacted copies - Extension of time included with consent, Completed on: 2012-05-15 Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)
2012-05-15 Letter acknowledging receipt of a complete application for leave to appeal
2012-05-15 Book of authorities John Doe, Requester
2012-05-15 Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2012-05-15 John Doe, Requester
2012-05-15 Application for leave to appeal, FIRST APPLICATION, Completed on: 2012-05-15 John Doe, Requester

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

Main parties - Appellants
Name Role Status
John Doe, Requester Appellant Active

v.

Main parties - Respondents
Name Role Status
Minister of Finance for the Province of Ontario Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator) Appellant Active

v.

Sub parties (1) - Respondents
Name Role Status
Minister of Finance for the Province of Ontario Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of British Columbia Intervener Active
Information and Privacy Commissioner of Alberta Intervener Active
Freedom of Information and Protection of Privacy Commissioner [Review Officer] for Nova Scotia and the Information and Privacy Commissioner of Prince Edward Island Intervener Active
British Columbia Freedom of Information and Privacy Association Intervener Active
Information and Privacy Commissioner of British Columbia Intervener Active
Canadian Civil Liberties Association Intervener Active

Counsel

Party: John Doe, Requester

Counsel
Alex Cameron
Kevin H. Yip
Fasken Martineau DuMoulin LLP
333 Bay Street, Suite 2400
Bay Adelaide Centre, Box 20
Toronto, Ontario
M5H 2T6
Telephone: (416) 366-8381
FAX: (416) 364-7813
Agent
Marisa Victor
Fasken Martineau DuMoulin LLP
55 Metcalfe Street
Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423

Party: Information and Privacy Commissioner of Ontario (Diane Smith, Adjudicator)

Counsel
William S. Challis
Information and Privacy Commissioner/Ontario
2 Bloor Street East
Suite 1400
Toronto, Ontario
M4W 1A8
Telephone: (437) 770-8564
FAX: (416) 325-9186
Email: bill.challis@ipc.on.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Minister of Finance for the Province of Ontario

Counsel
Sara Blake
Kisha Chatterjee
Malliha Wilson
Attorney General of Ontario
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4155
FAX: (416) 326-4181
Email: sara.blake@jus.gov.on.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Information and Privacy Commissioner of Alberta

Counsel
Jillian Harker
Office of the Information and Privacy Commissioner of Alberta
410, 9925 - 109 Street
Edmonton, Alberta
T5K 2J8
Telephone: (780) 422-6860
FAX: (780) 422-5682
Email: jharker@oipc.ab.ca
Agent
David Debenham
McMillan LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: david.debenham@mcmillan.ca

Party: Freedom of Information and Protection of Privacy Commissioner [Review Officer] for Nova Scotia and the Information and Privacy Commissioner of Prince Edward Island

Counsel
Jillian Harker
Office of the Information and Privacy Commissioner of Alberta
410, 9925 - 109 Street
Edmonton, Alberta
T5K 2J8
Telephone: (780) 422-6860
FAX: (780) 422-5682
Email: jharker@oipc.ab.ca
Agent
David Debenham
McMillan LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: david.debenham@mcmillan.ca

Party: British Columbia Freedom of Information and Privacy Association

Counsel
Brent B. Olthuis
Andrea A. Glen
Hunter Litigation Chambers Law Corporation
1040 West Georgia Street
Suite 2100
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: bolthuis@litigationchambers.com
Agent
Jonathan O'Hara
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jonathan.o'hara@mcmillan.ca

Party: Attorney General of Canada

Counsel
Sharlene Telles-Langdon
Attorney General of Canada
Prairie Regional Office
301-310 Broadway Avenue
Winnipeg, Manitoba
R3C 0S6
Telephone: (204) 983-0862
FAX: (204) 984-8495
Email: Sharlene.Telles-Langdon@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Information and Privacy Commissioner of British Columbia

Counsel
Nitya Iyer
Lovett Westmacott
Lovett Westmacott
200-736 Granville St.
Vancouver, British Columbia
V6Z 1G3
Telephone: (604) 684-9221
FAX: (250) 480-7455
Email: ni@lw-law.ca
Agent
Mark C. Power
Heenan Blaikie LLP
55 Metcalfe Street
Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-7908
FAX: (866) 296-8395
Email: mpower@heenan.ca

Party: Canadian Civil Liberties Association

Counsel
Ryder Gilliland
Nickolas Tzoulas
Blake, Cassels & Graydon LLP
Commerce Court West
2800 - 199 Bay St.
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-5849
FAX: (416) 863-2653
Email: ryder.gilliland@blakes.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com

Party: Attorney General of British Columbia

Counsel
Richard M. Butler
John Tuck
Attorney General of British Columbia
1001 Douglas Street, 3rd floor
P.O. Box 9280 Station Provincial Government
Victoria, British Columbia
V8V 1X4
Telephone: (250) 356-6559
FAX: (250) 356-9154
Email: richard.butler@gov.bc.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Summary

Keywords

None.

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.

Access to information - Exemptions - Advice or recommendations to Minister - Whether the exemption for “advice and recommendations” at s. 13(1) of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990 c. F.31, encompasses the presentation of a range of policy options and evaluative or analytical commentary that does not reveal a suggested course of action or a preferred option - Whether the exemption for “advice and recommendations” at s. 13(1) of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990 c. F.31, encompasses information which is not communication to a decision-maker, and does not reveal advice or recommendations communicated to a decision-maker - Whether the Court of Appeal erred in concluding that the Information and Privacy Commissioner was unreasonable in answering each of the above questions in the negative in this case - Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, s. 13(1).

Pursuant to the Freedom of Information and Protection of Privacy Act (“Act”), the appellant requested records from the Minister of Finance that concerned the issue of retroactivity and the effective date of amendments made to s. 2 of the Corporations Tax Act, R.S.O. 1990, c. C 40. The records were sought as part of a dispute over tax liability. The Minister denied access to the records arguing, among other things, that they contained advice or recommendations which meant they were exempt from disclosure pursuant to s. 13(1) of the Act. The Information and Privacy Commissioner subsequently ordered disclosure of the records on the basis that they were in draft form, did not contain a suggested course of action, and that there was no evidence that they had been communicated to the decision-maker and therefore no evidence they had been used in the Minister’s deliberative process. The Divisional Court dismissed the Minister’s application for judicial review in part. The Court of Appeal allowed the appeal.

Lower court rulings

April 1, 2011
Ontario Superior Court of Justice

368/10, 2011 ONSC 2030

Application for judicial review dismissed in part

February 24, 2012
Court of Appeal for Ontario

C54157, 2012 ONCA 125

Appeal allowed; matter remitted to Information and Privacy Commissioner for reconsideration

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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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.

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Date modified: 2025-02-27