The Children's Lawyer for Ontario (CLO) acted as litigation guardian and legal representative for a minor.
When the minor reached the age of majority, she requested her file.
The CLO treated the request under the Freedom of Information and Protection of Privacy Act (FIPPA) and refused to disclose portions of the file, claiming exemptions under s. 19 (Crown counsel litigation privilege) and s. 13 (advice to government).
The Information and Privacy Commissioner ordered disclosure.
On judicial review, the Divisional Court held that the Commissioner had standing to participate.
The Court dismissed the application, finding that the CLO is not 'Crown counsel' when acting for a minor and that s. 13 does not apply to advice given for the benefit of a private client.
The CLO's fiduciary duties to the client precluded withholding the file.
