Document

PO-2802-I

File #  PA07-307
Institution/HIC  Office of the Public Guardian and Trustee
Summary
  • Contents of file related to the estate of an identified deceased individual.
  • This interim order includes a final determination of issues relating to some of the records, only. Issues relating to the institution’s exercise of discretion and the application of the "absurd result" principle will be dealt with once institution issues a supplementary decision in its exercise of discretion.
  • Section 2(1) (definition of "personal information") - records contain the personal information of the deceased individual as well as other identifiable individuals. Some records also contain the personal information of the appellant and/or his grandmother.
  • Section 13(1) (advice or recommendations) – partly upheld.
  • Section 17(2) (information obtained on a tax return) - not upheld.
  • Section 21(1) (personal privacy) – partly upheld.
  • Section 21(4)(d) (disclosure for compassionate reasons) - not applicable.
  • Section 49(a)/13(1) (personal privacy) - partly upheld.
  • Section 49(b) (personal privacy) – partly upheld.
  • Section 66(b) – (exercise of rights by personal representative) applied.
  • Institution ordered to disclose all or portions of certain records, and further ordered to exercise its discretion regarding the application of sections 49(a) and (b) to records containing the personal information of the appellant and/or his grandmother that were not ordered to be disclosed.
Legislation
  • FIPPA
  • 2(1) personal information
  • 13(1)
  • 17(2)
  • 21(1)
  • 49(a)
  • 49(b)
  • 66(b)
Signed by  Steve Faughnan
Published  Jul 03, 2009
Type  Order – Interim
Orders and Reports Considered  MO-2237   P-373   PO-1736   PO-1936   PO-2059-I  
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