Rema J. Imseis

The moving parties brought a motion to have four applications heard together.

The applications all involved the interpretation of section 13 of the Freedom of Information and Protection of Privacy Act regarding 'advice or recommendations' in different factual contexts.

The court found that hearing the applications together would be in the interests of justice and would not cause substantial prejudice or inconvenience.

The motion was granted and the applications were ordered to be heard together.

The Minister of Health and Long Term Care appealed a decision of the Assistant Information and Privacy Commissioner regarding the disclosure of records of the Physician Services Committee.

The Minister argued the records were exempt under the 'labour relations' provision in s. 65(6)3 of the Freedom of Information and Protection of Privacy Act.

The Divisional Court dismissed the appeal, agreeing with the Commissioner that 'labour relations' refers to the collective relationship between an employer and its employees.

Since members of the Ontario Medical Association are not employees of the Ministry, the exemption did not apply.

The appellant appealed a Divisional Court decision upholding the Information and Privacy Commissioner's finding that a requested record did not contain 'personal information' under the Freedom of Information and Protection of Privacy Act.

The appellant argued the Divisional Court erred by requiring 'detailed and convincing evidence' to establish identifiability.

The Court of Appeal agreed that this evidentiary standard was too demanding, but dismissed the appeal, finding the Commissioner's decision was reasonable given the paucity of evidence presented by the Ministry.

The Assistant Commissioner applied for leave to appeal, raising issues regarding the standard of review by the Divisional Court.

The appellant moved to quash the application, arguing the Assistant Commissioner lacked standing.

The Court of Appeal granted leave to appeal and adjourned the motion to quash to be determined by the panel hearing the appeal.