The CBC made a freedom of information request for mandate letters sent by the Premier of Ontario to Cabinet ministers.
The Cabinet Office refused disclosure, claiming the letters were exempt under the Cabinet records exemption in s. 12(1) of the Freedom of Information and Protection of Privacy Act.
The Information and Privacy Commissioner ordered disclosure, finding the letters did not reveal the substance of Cabinet deliberations.
The Divisional Court upheld the decision on judicial review.
The Court of Appeal dismissed the Attorney General's appeal, holding that the Commissioner's interpretation of s. 12(1) and its application to the mandate letters were reasonable.