The applicant sought judicial review of a decision by the Information and Privacy Commissioner (IPC) dismissing his appeal regarding a freedom of information request.
The applicant had requested records from the school board relating to an independent investigator retained by the Integrity Commissioner to investigate a trustee.
The IPC found that the requested records were not in the custody or control of the school board and that the board had conducted a reasonable search.
The Divisional Court applied the reasonableness standard of review and upheld the IPC's decision, finding no error in the IPC's application of the custody or control test and no denial of procedural fairness in the IPC's refusal to merge the applicant's appeals.
