The requester, an insurance company, sought access to Crown files prepared for a criminal prosecution under the Freedom of Information and Protection of Privacy Act (FIPPA).
The Attorney General refused disclosure, and an Inquiry Officer ordered partial disclosure, finding that litigation privilege under s. 19 of FIPPA terminated when the criminal proceedings ended.
On judicial review, the Divisional Court held that the Inquiry Officer's interpretation of s. 19 was unreasonable and wrong in law, as the statutory exemption for records prepared by Crown counsel for litigation does not incorporate common law limitations on litigation privilege.
The Attorney General's application was allowed, and the requester's application regarding privacy exemptions under s. 21 was dismissed.
