Freya Kristjanson

At the commencement of a judicial review application, the applicant raised a preliminary objection without notice, arguing the Information and Privacy Commissioner should not be permitted to address the correctness of its own decision.

The Divisional Court adjourned the application, ordering that the preliminary objection be properly briefed with facta and that an amicus curiae be appointed to assist the court on the substantive issues in the event the Commissioner is denied standing to argue the correctness of the decision.

The Minister of Health and Long Term Care appealed a decision of the Assistant Information and Privacy Commissioner regarding the disclosure of records of the Physician Services Committee.

The Minister argued the records were exempt under the 'labour relations' provision in s. 65(6)3 of the Freedom of Information and Protection of Privacy Act.

The Divisional Court dismissed the appeal, agreeing with the Commissioner that 'labour relations' refers to the collective relationship between an employer and its employees.

Since members of the Ontario Medical Association are not employees of the Ministry, the exemption did not apply.

The Superintendent of Financial Services appealed a decision of the Financial Services Tribunal regarding the partial wind-up of a pension plan by Monsanto Canada Inc. The Tribunal had ruled that Monsanto was not required to distribute pension surplus on a partial wind-up and that Monsanto had a legitimate expectation based on past regulatory practice.

The Divisional Court allowed the appeal, adopting the dissenting reasons of the Tribunal.

The Court held that section 70(6) of the Pension Benefits Act requires the distribution of surplus on a partial wind-up, and that the doctrine of legitimate expectation cannot justify disregarding the requirements of the law.

The respondent, charged with indecent assault, sought the production of the complainant's counselling records held by third-party institutions.

The trial judge ordered the records produced.

The third parties appealed the interlocutory order.

The Supreme Court of Canada held that it had jurisdiction to hear the appeal under s. 40(1) of the Supreme Court Act.

On the substantive issue, the Court applied the framework established in the companion case of R. v. O'Connor, balancing the accused's right to make full answer and defence against the complainant's privacy and equality rights.

The Court found that the trial judge erred in ordering production without first determining likely relevance and balancing the competing Charter rights.

The appeal was allowed and the order for production was quashed.