ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, WHALEN AND MACDOUGALL JJ.
B E T W E E N:
MINISTER OF HEALTH AND LONG TERM CARE
Applicant
- and -
TOM MITCHINSON, Assistant Information and Privacy Commissioner, JOHN DOE, Requester, and ONTARIO MEDICAL ASSOCIATION
Respondents
Sara Blake, for the Applicant
Freya Kristjanson and Rema J. Imseis, for the Respondent, Tom Mitchinson, Assistant Information and Privacy Commissioner
Robert L. Lee, for the Respondent, Ontario Medical Association
HEARD: December 5, 2002
CARNWATH J.: (Orally)
1The appeal is dismissed. The Commissioner found that the "labour relations" in s.65(6)3 of the Freedom of Information and Protection of Privacy Act, is properly defined as the collective relationship between an employer and its employees. We agree.
2The Commissioner found that the work of the Physician Services Committee and its records is not an employee-related matter for the purposes of s.65(6)3. We agree.
3To accept the Ministry's submission would mean giving a different meaning to the words "labour relations" in s.17(d) of the Act and s.65(6)3. We find the words "labour relations" in the section refer to relations between employer and employee. It is conceded the members of the Ontario Medical Association are not employees of the Ministry of Health.
4No order as to costs.
CARNWATH J.
WHALEN J.
MACDOUGALL J.
Date of Reasons for Judgment: December 5, 2002
Date of Release: December 6, 2002
COURT FILE NO.: 784/99
DATE: 20021205
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, WHALEN AND MACDOUGALL JJ.
B E T W E E N:
MINISTER OF HEALTH AND LONG TERM CARE
Applicant
- and -
TOM MITCHINSON, Assistant Information and Privacy Commissioner, JOHN DOE, Requester, and ONTARIO MEDICAL ASSOCIATION
Respondents
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Date of Reasons for Judgment: December 5, 2002
Date of Release: December 6, 2002