Court File and Parties

Citation: A.G. Ontario v. Information and Privacy Commissioner of Ontario, 2020 ONSC 2175 Court File No.: DC 19/456 Date: 2020-04-08 Superior Court of Justice - Divisional Court - Ontario

Re: A.G. Ontario v. Information and Privacy Commissioner of Ontario and Canadian Broadcasting Corporation

Before: D.L. Corbett J.

Counsel: Judy Im and Nadia Laeeque – AG Ontario William S. Challis – Information and Privacy Commissioner of Ontario Justin Safayeni – Canadian Broadcasting Corporation Daniel Sheppard – for the Intervenor Group

Case Management Endorsement

[1] This application will proceed on May 21, 2020, before a panel of three judges.

[2] On the schedule agreed among counsel, the materials of the Intervenor Group are to be served by April 20, 2020. Responding materials from the Commissioner and the CBC are to be served by May 1, 2020. Reply materials from AG Ontario are to be served by May 11, 2020.

[3] The hearing will be conducted as a video conference. ZOOM technology will be used. Further details about the videoconferencing process will follow in a subsequent endorsement.

[4] Neither counsel nor the court will gown for the hearing. Instead, business attire is required for anyone with a speaking role in the hearing. All parties must ensure that they participate in the videoconference from appropriate surroundings and that they (and the Court) will not be interrupted or disturbed during the hearing.

[5] Counsel shall agree among themselves for a password-protected electronic drop box from which materials may be downloaded. The party establishing the drop box shall provide the court with the URL and password by May 5, 2020.

(a) All documents other than factums shall be uploaded to the drop box in pdf format.

(b) Documents should be labelled in a manner that identifies them clearly for members of the panel so that it is not necessary to open the document to understand what it is. Pages should be numbered sequentially within each pdf. If this is not practical, given the current state of the documents, then individual documents should be uploaded to the drop box in pdf form, so that each document is clearly labelled, enabling the court to find document quickly during the course of the hearing.

(c) Factums are to be filed in Word version. Where possible, the factums should contain hyperlinks for authorities and, if possible, hyperlinks to a “Factum Compendium”, described below.

(d) Books of authorities containing the full text of authorities should not be uploaded to the drop box. However, citations to cases in the factums are to provide, if possible, a hyperlink to the online version of cases. The only exceptions to this principle are authorities not available online, such as excerpts from textbooks, foreign law, or Canadian decisions not reported online: these should be collected in a small brief of unreported authorities and filed electronically.

(e) Parties may file a “Factum Compendium” containing single pages or brief portions of cases cited, and brief portions of evidence from the record referenced in the factum, hyperlinked from the factum. Where portions of cases are included in a compendium, the title of proceedings and headnote should be included as well. Where portions of the record are included in a Factum Compendium, the first page of the document and identification of where it may be found in the record should also be provided. The only exceptions to this principle are authorities not available online, such as excerpts from textbooks, foreign law, or Canadian decisions not reported online: these should be collected in a brief of authorities and filed electronically.

(f) The parties have previously filed Books of Authorities. Notwithstanding anything else in these directions, a party may file its brief of authorities electronically only if it is unable to provide the court with hyperlinks, as described above.

(g) All parties are permitted to (but are not required to) file the following additional documents (in addition to documents permitted under the Rules):

(i) A version of their previously filed factum with hyperlinks to cases and/or evidence;

(ii) A Factum Compendium, described above; and

(iii) A compendium for oral argument, containing excerpts of evidence and authorities to which counsel intends to refer in oral argument.

(h) All documents for use in the hearing are to be uploaded to the drop box by May 5, 2020, except (a) AG Ontario’s reply factum, which shall be uploaded to the drop box by May 11, 2020, and (b) compendiums for oral argument, which may be uploaded any time prior to the hearing, so long as the panel is able to download compendiums for oral argument prior to the hearing.

[6] The court did not discuss with counsel the drop box requirement set out above during the case management conference. If this raises any issues for which the parties require the court’s directions, they may schedule a further conference call.

[7] If counsel believe there are points from the case management conference that are not reflected in this endorsement, they should so advise the court by email as soon as they can.

[8] The court has endorsed its fiat on this endorsement this day; the unsigned version distributed to the parties today has the authority and effect of the signed version, a copy of which will be provided to the parties in due course after the suspension of ordinary court operations is lifted.

Corbett J.

Date: April 8, 2020