York University and York University Development Corporation (YUDC) sought judicial review of an Information and Privacy Commissioner (IPC) decision denying their request for reconsideration of an order requiring the production of certain records.
The applicants argued the Adjudicator erred in finding the records were under the control of York University pursuant to s. 10(1) of the Freedom of Information and Protection of Privacy Act, and in her approach to the reconsideration threshold.
The Divisional Court dismissed the applications, finding the Adjudicator reasonably applied the two-part control test from National Defence and reasonably placed the onus on the applicants to establish grounds for reconsideration.
