On April 16, 1990, a request was submitted to the Ministry of Health (the "institution") under the Freedom of Information and Protection of Privacy Act, 1987 (the "Act"). The requester sought access to:
All records relating to [named company]'s applications for listing of [name] tablets and [name] 5 mg tablets in the July 1990 Ontario Formulary, including
- all reviewer's reports
- all minutes of meetings of the DQTC
- all internal memoranda of the Ministry and DQTC
- all communications between the Ministry and DQTC
- all communications from or to third parties
On May 15, 1990, the institution provided access to part of the requested records and responded to the balance of the request by telling the requester that:
Some of the material requested will be severed under the authority of Section 19 of the Act, solicitor-client privilege. This discretionary severance was used in memoranda and other correspondence between Legal Counsel and the Program Area(sic). In reviewing her discretion, the Head has considered the sensitive nature of the material in deciding to pursue this exemption.
Section 21(1) of the Act, personal information, was also used to sever out the names and addresses of independent reviewers, as Section 21 is a mandatory exemption and requires that such information be removed.