In September 1997, the appellant was seriously injured as a result of an altercation with a security officer at a Toronto hospital. The appellant’s complaint against the security officer was investigated by the Police and the security officer was charged with the offence of aggravated assault, but was ultimately acquitted.

The appellant made a request to the Toronto Police Service (the Police) under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for access to copies of all of the material in its possession relating to its investigation into the assault and the trial and acquittal of the security officer, including the Crown brief and any videotapes from hospital security cameras which may have captured the assault.