Margaret Jill Dougherty

This appeal concerned a request for information under the Freedom of Information and Protection of Privacy Act (FIPPA) regarding LCBO theft/shoplifting incidents.

The Information and Privacy Commissioner (IPC) had ordered the Liquor Control Board of Ontario (LCBO) to disclose the records, but the Divisional Court set aside that order, finding the adjudicator's decision unreasonable.

The Court of Appeal, stepping into the Divisional Court's shoes, found the IPC adjudicator's decision to be reasonable.

The court affirmed that the adjudicator correctly applied the "reasonable expectation of probable harm" standard of proof for FIPPA exemptions and that her reasons were adequate, even with confidentiality constraints.

The Court also declined to consider new statutory arguments not raised before the adjudicator.

The appeal was allowed, restoring the IPC's original disclosure order.

This costs endorsement addresses the entitlement of the Chippewas of Nawash Unceded First Nation and Saugeen First Nation (SON) to costs from Ontario following a partially successful appeal.

SON had sued Canada and Ontario for Aboriginal title to submerged lands and for breaches of fiduciary duty.

The Court of Appeal allowed SON’s title claim appeal to the extent of remitting the matter back to the trial judge for a determination on a more limited portion of the claim area, while dismissing their treaty claim appeal.

SON had settled costs with Canada and was not seeking costs for the treaty claim.

The court found that SON was the overall successful party on the title claim appeal against Ontario, as they obtained the relief sought (remittal), and Ontario's position was to dismiss the claim entirely.

The quantum of costs sought by SON was deemed reasonable given the complexity and public importance of the appeal.