Three requesters sought access to information in the possession of Ontario government ministries.
The ministries denied access, claiming the records were excluded from the Freedom of Information and Protection of Privacy Act under ss. 65(6)1 and 65(6)3.
The Assistant Privacy Commissioner ruled the Act applied, interpreting 'interest' as a 'legal interest' and finding no current or anticipated proceedings.
The Divisional Court dismissed the ministries' application for judicial review.
On appeal, the Court of Appeal held the standard of review is correctness.
The Court found the Commissioner erred by restricting 'interest' to 'legal interest' and by introducing a time element into the exclusions.
The appeal was allowed and the Commissioner's decisions were quashed.
