Sarah Mae Robinson Clarke

The defendant brought a motion for summary judgment seeking dismissal of the plaintiff’s claim as statute-barred under both the former and current Limitations Act regimes.

The moving party argued that, even accepting the plaintiff’s evidence at its highest, the limitation period had expired.

The court acknowledged that the limitation argument had merit but found that credibility issues and the incomplete evidentiary record made summary determination inappropriate.

The court held that a full trial and discoveries were necessary for the trier of fact to properly assess the evidence and refine the issues.

The motion was adjourned sine die with leave to renew the limitation argument on notice.

The applicant sought judicial review of an Information and Privacy Commissioner order requiring the disclosure of records containing homeowners' addresses and environmental test results.

The Divisional Court set aside the order and remitted the matter for a new hearing.

The court found that the information arguably constituted 'personal information' and that procedural fairness, as well as potentially section 28 of the Freedom of Information and Protection of Privacy Act, required that the affected homeowners be given notice and an opportunity to be heard before their information could be disclosed.