The Liquor Control Board of Ontario (LCBO) applied for judicial review of an Information and Privacy Commissioner (IPC) order directing it to cease collecting personal information from wine club members and to destroy previously collected information.
The LCBO argued the IPC breached procedural fairness by issuing the order without prior notice that such a remedy was being contemplated.
The Divisional Court agreed, finding that the IPC failed to provide adequate notice of the potential consequences of the privacy complaint investigation, thereby depriving the LCBO of a fair opportunity to be heard on the issue of remedy.
The IPC's order was quashed and the matter remitted for reconsideration.
