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Document
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PO-2538-R
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File #
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PA-020092-1
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Institution/HIC
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Liquor Control Board of Ontario
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Summary
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- Records concerning mediated settlement between an Ontario winery and the LCBO.
- Section 18(1)(c) and (d) (economic and other interests) - Order PO-2405 reconsidered to provide for additional severances for consistency with other severances ordered.
- Scope of power to reconsider - scope not broad enough to encompass most remaining arguments, which are addressed for completeness.
- Section 18(1)(c) and (d) - except for further severances for consistency, no further basis to reconsider findings that these exemptions do not apply.
- Section 19 (solicitor-client privilege) - reconsideration request to include settlement privilege within the scope of this exemption rejected.
- Section 2(1) - personal information definition - arguments that records contain additional personal information rejected.
- Alleged conflicts and jurisdictional issues re: court orders and confidentiality agreements - arguments rejected.
- Except for additional severances, records ordered disclosed as in Order PO-2405.
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Legislation
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Subject Index
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Signed by
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John Higgins
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Published
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Dec 29, 2006
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Type
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Reconsideration Order
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Orders and Reports Considered
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PO-2405
PO-2483
PO-2484
PO-2490
MO-1200-R
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Issue Outcomes
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- Records concerning mediated settlement between an Ontario winery and the LCBO.
- Section 18(1)(c) and (d) (economic and other interests) - Order PO-2405 reconsidered to provide for additional severances for consistency with other severances ordered.
- Scope of power to reconsider - scope not broad enough to encompass most remaining arguments, which are addressed for completeness.
- Section 18(1)(c) and (d) - except for further severances for consistency, no further basis to reconsider findings that these exemptions do not apply.
- Section 19 (solicitor-client privilege) - reconsideration request to include settlement privilege within the scope of this exemption rejected.
- Section 2(1) - personal information definition - arguments that records contain additional personal information rejected.
- Alleged conflicts and jurisdictional issues re: court orders and confidentiality agreements - arguments rejected.
- Except for additional severances, records ordered disclosed as in Order PO-2405.
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Judicial Review
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Institution's application allowed June 12, 2009
IPC's appeal dismissed October 20, 2010
Ontario (Liquor Control Board) v. Magnotta Winery Corp., 2010 ONCA 681, 102 O.R. (3d) 545 (C.A.), affirming (2009) 97 O.R. (3d) 665 (Div. Ct.)
Divisional Court Decision
Court of Appeal Decision
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