The Information and Privacy Commissioner ordered the disclosure of a KPMG forensic investigation report prepared for Algoma Public Health concerning potential conflicts of interest in the hiring of an interim Chief Financial Officer with a criminal record.
The report contained personal information of Dr. Kim Barker, the former Medical Officer of Health and Chief Executive Officer.
The Commissioner found that although the personal information was exempt from disclosure under section 14 of the Municipal Freedom of Information and Protection of Privacy Act, the public interest override under section 16 applied, warranting full disclosure.
The Divisional Court quashed the Commissioner's decisions, finding the reasons inadequate because the Commissioner failed to identify each piece of protected personal information and separately weigh it against the public interest.
The Court of Appeal allowed the appeal, holding that the Commissioner's reasons were adequate and his decision reasonable, rejecting the requirement for a piece-by-piece analysis in all circumstances.
