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Summary
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The Workers' Compensation Board (the Board) received a request under the Freedom of Information and Protection of Privacy Act (the Act) "[f]or the year 1990, ... the names, addresses and any other available information for any companies who have been penalized, fined, penalty rated or were caused to be charged additional funds by the Board" under the Board's programs known as the New Experimental Experience Rating Program (NEER), the Construction Experience Rating Program (CAD 7), the WORKWELL Program (WORKWELL), the Section 91(7) Penalties Program (SECTION 91(7)), and the Voluntary Experience Rating Program (VER).
The Board provided a separate decision letter for each program. The decision in all cases was to deny access to all responsive records, pursuant to sections 17(1)(a) and (c), and 17(2) of the Act.
The requester appealed the Board's decisions. Separate appeal files were opened for each decision; however, because all of the appeals were filed by the same appellant and the issues are essentially the same, this order will dispose of the issues raised in all five appeals.
During the course of mediation, the appellant narrowed his request as follows:
For the NEER, CAD 7, and VER programs: the names, addresses and amounts of surcharge, penalty or fine for the fifty companies with the highest penalties, fines or penalty ratings, for the year 1991, and
For the WORKWELL and SECTION 91(7) programs: only the names, and addresses of the fifty companies with the highest penalties, fines or penalty ratings, for the year 1990.
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Judicial Review
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Institution's application allowed and IPC order quashed May 10, 1995
IPC's appeal allowed September 3, 1998
Ontario (Workers' Compensation Board) v. Ontario (Assistant Information and Privacy Commissioner), [1995] O.J. No. 1319, 23 O.R. (3d) 31, 125 D.L.R. (4th) 171, 32 Admin. L.R. (2d) 65, 85 O.A.C. 43, 61 C.P.R. (3d) 480 (Div. Ct.) reversed [1998] O.J. No. 3485, 164 D.L.R. (4th) 129, 112 O.A.C. 121, 41 O.R. (3d) 464
Court of Appeal Decision
Divisional Court Decision
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