The applicant sought judicial review of a joint decision by the Ontario and British Columbia Information and Privacy Commissioners rejecting claims of solicitor-client and litigation privilege over documents related to a 2019 cyberattack.
The Divisional Court dismissed the application, holding that the standard of review for privilege claims is correctness.
The Court found the Commissioners correctly determined that facts existing independently of privileged communications must be disclosed pursuant to statutory duties under the Personal Health Information Protection Act.
The Court also rejected the applicant's argument that the joint investigation breached procedural fairness, finding it was statutorily authorized and the applicant had acquiesced to the process.
