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BACKGROUND:
The Public Guardian and Trustee (the PGT) deals with the estates of individuals who, while residents of Ontario, die testate or intestate without next-of-kin able or willing to administer their estates. The PGT becomes the court-appointed estate trustee and searches for beneficiaries or next-of-kin who could be heirs entitled to all or part of the assets of the estate. If lawful heirs cannot be found, the estate escheats to the Crown. Although no further interest is paid on the liquidated assets after the deceased has been dead for ten years, an individual can prove entitlement at any time and receive his or her lawful share.
Certain individuals and organizations are in the business of identifying and locating heirs of estates that have not been claimed or have escheated to the Crown (heir tracers). They do so, in part, by seeking information held by the PGT.
NATURE OF THE APPEAL:
The PGT received two requests under the Freedom of Information and Protection of Privacy Act (the Act) from an heir tracer for access to a list of all estates being administered by the PGT which came to its attention between September 1, 1996 and October 31, 1997 (first request) and November 1, 1997 and July 31, 1998 (second request). In his requests, the heir tracer explained that the lists should contain the same information supplied to the court when making an Application for Certificate of Appointment of Estate Trustee without a Will.
In responding to the heir tracer, the PGT created a sample record responsive to each of the two requests. In its decisions, the PGT explained that the sample records contain the requested categories of information for several estates administered by the PGT whose files were opened during the period specified in the requests. The PGT denied access to the information responsive to both requests on the basis of section 21(1) of the Act, the exemption for personal information. In particular, the PGT cited the presumption of an unjustified invasion of privacy at section 21(3)(f) (individual's finances).
In its decision, the PGT also explained that since access to the information has been denied in full, no fees are being charged under section 57 of the Act. The PGT went on to explain, however, that should it be ordered to disclose such information by this office, it reserves the right to charge fees in that regard.
The heir tracer, now the appellant, appealed the PGT's decisions to this office.
During the mediation stage of the appeals, the appellant raised the possible application of the "public interest override" at section 23 of the Act.
I sent a Notice of Inquiry setting out the issues in these appeals to the PGT and the appellant. I received representations from both parties.
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