Fee Estimate Upheld in FOI Appeal

In an important decision for public bodies, a recent Information and Privacy Commissioner decision upheld a fee estimate for the search and redactions of electronic information.

In this case, the requester sought access to “… all records regarding two aboriginal children refusing chemotherapy at McMaster Children’s Hospital and the resulting Ontario court family division case between Hamilton Health Sciences and Brant Child and Family Services including but not limited to records regarding the Nov. 14, 2014 decision and April 24, 2015 clarification.” The requester later clarified that this request did not extend to clinical records or records subject to solicitor-client privilege.… Read More

Litigation Privilege Revisited

The Supreme Court of Canada recently reviewed the characteristics of litigation privilege in Lizotte v Aviva Insurance Company of Canada [1].

In this case, an Aviva claims adjuster, M.B., investigated a fire that damaged the residence of a person insured by Aviva. M.B. was later accused of making errors in managing the file. The syndic of the Chambre de l’assurance de dommages opened an investigation with respect to M.B. and requested Aviva’s entire file relating to the insured person’s claim. The request was based on s. 337 of the Act respecting the distribution of financial products and services (“ADFPS”), which says that insurers “must, at the request of a syndic, forward any required documentation or information concerning the activities of a representative”.… Read More