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The appellant's mother died unexpectedly in hospital in 1993. The coroner ordered an autopsy, which was carried out by a pathologist. Ultimately a coroner's inquest was also held. The appellant and other members of his family have sued the hospital and several members of its staff for damages arising from the death.
After the completion of the coroner's inquest, the appellant filed a complaint with the Ontario Coroners' Council (the Council) against four coroners in connection with the investigation and inquest into the death of the appellant's mother. The Council found no evidence of neglect, incompetence or misbehaviour on the part of any of the coroners.
Subsequently, the appellant submitted a request under the Freedom of Information and Protection of Privacy Act (the Act) for records relating to the Council's investigation of his complaint. He also requested any records received or sent by the Council pertaining to his mother, and to the original coroners' investigation and inquest into her death. This request was sent to the Ministry of the Solicitor General and Correctional Services (the Ministry).
The Council is listed as a separate institution under the Act, whose head is the Solicitor General and Minister of Correctional Services. The Ministry has confirmed that it acted on the Council's behalf in the processing of the request and the appeal.
Prior to the issuance of the Ministry's decision on access to the requested records, the appellant's sister wrote to the Ministry indicating that she does not object to disclosure of her personal information to the appellant.
The Ministry granted full access to a large volume of records and partial access to others. The Ministry also denied access to a number of records in their entirety. The appellant filed an appeal of the Ministry's denial of access to records partly or fully withheld from disclosure. During the mediation stage of this appeal, the appellant indicated that he does not require access to some records originally identified by the Ministry, and these are not at issue.
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