P-538

The Ministry of Financial Institutions (now the Ministry of Finance) (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to information relating to the Motor Vehicle Accident Claims Fund Branch, including records relating to a motor vehicle accident which occurred in 1964 in which the requester was an uninsured driver. The Ministry granted full access to some records and denied access to the remainder pursuant to sections 13(1), 14(2)(a), 18(1)(d), 19 and 21 of the Act. The requester appealed the Ministry's decision.

As a result of mediation, the appellant withdrew his appeal with respect to certain records. Further mediation was not successful, and notice that an inquiry was being conducted to review the Ministry's decision was sent to the appellant and the Ministry. Representations were received from both parties. Following the notice of inquiry, the Ministry agreed to release three additional records to the appellant.

While the representations were being considered, Commissioner Tom Wright issued Order M-170, adopting the Ontario Court (General Division) (Divisional Court) June 30, 1993 decision in the case of John Doe et al. v. Information and Privacy Commissioner et al. (unreported). This decision interpreted several provisions of the Act in a way which differed from the interpretation developed in orders of the Commissioner. Since similar statutory provisions were also at issue in the present appeal, it was determined that copies of Order M-170 should be provided to the parties. The appellant and the Ministry were provided with the opportunity to change or to supplement the representations previously submitted. Additional representations were received from the Ministry. In making this order, I have considered these representations together with those previously submitted.

A list of the records remaining at issue and corresponding exemptions is contained in Appendices A and B to this Order.

...

• FIPPA
• 2(1) personal information
• 21(1)
• 21(3)
• 21(3)(a)
• 21(3)(d)
• 21(3)(f)
• Section 19

• crown counsel
• in contemplation of or for use - in litigation
• Solicitor Client Privilege
• waiver