The Ministry of Health and Long-Term Care sought judicial review of a decision by the Assistant Information and Privacy Commissioner.
The Commissioner had ordered the Ministry to confirm or deny the existence of records relating to a settlement with an individual, interpreting s. 21(5) of the Freedom of Information and Protection of Privacy Act as requiring a two-part test.
The Divisional Court allowed the application, finding that the Commissioner's interpretation was unreasonable and clearly wrong, as the plain language of s. 21(5) does not require the institution to prove that disclosing the mere existence of the record would constitute an unjustified invasion of personal privacy.
