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BACKGROUND:
On the evening of December 18, 1994, an accident occurred in the City of North York. A pedestrian was struck and killed by an automobile. The driver of the automobile (the driver) was an elderly man. The family of the deceased believes that the driver may not have had adequate vision for operating a motor vehicle at night.
The family and estate of the deceased, represented by counsel, intend to bring an action against the driver for the negligent operation of a motor vehicle. Counsel states that the basis of the claim is that, because of his impaired eyesight, the driver was unfit to drive at the time of the accident.
NATURE OF THE APPEAL:
Counsel submitted a request under the Freedom of Information and Protection of Privacy Act (the Act) to the Ministry of Transportation (the Ministry) for access to information pertaining to any restrictions on the driver's driver's licence as of the date of the accident. In particular, he sought access to:
(1) the date and results of the last vision test administered by the Ministry to the driver; and
(2) the particulars of all test results of any driving test administered to the driver in the two years immediately preceding the accident.
The Ministry refused to confirm or deny the existence of responsive records under section 21(5) of the Act. Counsel appealed this decision.
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