The applicants, Boeing and Bombardier, sought judicial review of an Information and Privacy Commissioner order requiring the Ministry of Economic Development and Trade to disclose three agreements relating to the purchase and sale of the de Havilland business.
The applicants argued the records were exempt from disclosure under the third-party information exemption in s. 17 of the Freedom of Information and Privacy Act.
The Divisional Court dismissed the applications, finding the Commissioner reasonably concluded that the complex, multi-party agreements were the product of negotiation and did not contain information 'supplied' to the Ministry by the applicants.