P-341

The Ministry of the Attorney General (the institution) received a request for access to records relating to a number of Supreme Court of Ontario court files and actions in which the appellant was the plaintiff.

The institution granted partial access to the records it identified as being responsive to the request, claiming sections 19, 21 and 22 of the Freedom of Information and Protection of Privacy Act (the Act) as the basis for denying access to the remainder. The requester appealed the institution's decision to this office.

Because attempts to mediate the appeal were not successful, the matter proceeded to inquiry. Notice that an inquiry was being conducted to review the decision of the head was sent to the appellant, the institution, and the author of one of the responsive records (the affected person). Enclosed with each Notice of Inquiry was a report prepared by the Appeals Officer, intended to assist the parties in making their representations concerning the subject matter of the appeal. Written representations were received from all three parties.

During the course of the appeal, the scope of the request was narrowed by the appellant to one five-page letter (the record) from an insurance adjustment bureau to the law firm which was representing the Ministry of Health in a court action involving the requester. During the inquiry stage, the institution purported to exempt this record in its entirety, pursuant to sections 19 and 49(a) of the Act. One sentence on page 4 of the record was originally exempt under section 21 (the severance).

• FIPPA

• Judicial Review Applications