April Brousseau

The applicant applied for judicial review of a decision by the Information and Privacy Commissioner ordering the disclosure of mediation and settlement materials.

The materials had been prepared for the mediation of ongoing litigation between the applicant and the respondent.

The Divisional Court granted the application, holding that the records were exempt from disclosure under both the common-law settlement privilege and section 19 of the Freedom of Information and Protection of Privacy Act.

The court emphasized that the public interest in encouraging settlement trumps the public interest in transparency of government action in these circumstances.

The moving party brought a motion before the Divisional Court.

The responding party appeared one hour late.

Due to the late appearance and the absence of a court reporter, the court adjourned the matter to a date to be fixed by the Registrar.

The applicant sought judicial review of a decision by the Ontario Racing Commission approving a reduced number of race days for two racetracks in 2007.

The applicant alleged a breach of procedural fairness and an error in denying it party status.

The Divisional Court dismissed the application on the ground of undue delay, noting the applicant waited five months into the racing season to bring the application, which would cause substantial prejudice to the racetracks if the calendar were overturned.