Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38705
Kim Barker v. Information and Privacy Commissioner of Ontario, et al.
(Ontario) (Civil) (By Leave)
(Sealing order) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2020-02-06 | Close file on Leave | |
| 2019-12-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-12-20 | Judgment on leave sent to the parties | |
| 2019-12-19 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C65372, 2019 ONCA 275, dated April 9, 2019, is dismissed. Dismissed |
|
| 2019-11-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-11-04 | Certificate (on limitations to public access), (Letter Form) | Kim Barker |
| 2019-10-07 | Correspondence received from, (Letter Form), Change of the contact infos | Algoma Public Health |
| 2019-08-29 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2019-11-04 | Kim Barker |
| 2019-08-26 | Certificate (on limitations to public access), (Letter Form), 23B | Algoma Public Health |
| 2019-08-26 | Certificate (on limitations to public access), (Letter Form), 23A | Algoma Public Health |
| 2019-08-26 | Notice of name, (Letter Form) | Algoma Public Health |
| 2019-08-26 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-08-26 | Algoma Public Health |
| 2019-08-20 | Certificate (on limitations to public access), (Letter Form), 23B | Information and Privacy Commissioner of Ontario |
| 2019-08-20 | Certificate (on limitations to public access), (Letter Form), 23A | Information and Privacy Commissioner of Ontario |
| 2019-08-20 | Notice of name, (Letter Form) | Information and Privacy Commissioner of Ontario |
| 2019-08-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-08-20 | Information and Privacy Commissioner of Ontario |
| 2019-07-03 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED JULY 3, 2019 | |
| 2019-06-10 | Supplemental document, (Book Form), SEALED AND RESTRICTIONS; private record of proceedings. | Kim Barker |
| 2019-06-10 | Correspondence received from, (Letter Form), The Applicant; explanation of service of the sealed document. | Kim Barker |
| 2019-06-10 | Certificate (on limitations to public access), (Letter Form), 23B - Amended certificate rec' 09162019 | Kim Barker |
| 2019-06-10 | Certificate (on limitations to public access), (Letter Form), 23A - Amended Ceretificate requiered (rec' 09162019) | Kim Barker |
| 2019-06-10 | Notice of name, (Letter Form) | Kim Barker |
| 2019-06-10 | Application for leave to appeal, (Book Form), SEALED AND RESTRICTIONS Missing final CA order - Received June 24, 2019, Completed on: 2019-06-10 | Kim Barker |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Barker, Kim | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Information and Privacy Commissioner of Ontario | Respondent | Active |
| Algoma Public Health | Respondent | Active |
Counsel
Party: Barker, Kim
Counsel
Suite 900
Toronto, Ontario
M5G 2J5
Telephone: (416) 923-8459
FAX: (855) 254-1602
Email: bands@shannonblack.com
Party: Information and Privacy Commissioner of Ontario
Counsel
Suite 1400, 2 Bloor Street East
Toronto, Ontario
M4W 1A8
Telephone: (416) 326-0017
FAX: (416) 325-9186
Email: linda.chen@ipc.on.ca
Party: Algoma Public Health
Counsel
72 King Street
Picton, Ontario
K0K 2T0
Telephone: (613) 476-2733
FAX: (613) 902-2643
Email: alexandra@mayeskibenderlaw.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Administrative law — Judicial review — Standard of review — Access to Information — Government records — Exemptions — Statutes — Interpretation — Decision of Information Commissioner — Public interest — Whether Court of Appeal misinterpreted and misapplied s. 16 of Municipal Freedom of Information and Personal Privacy Act, R.S.O. 1990, c. M.56, which restricts application of public interest override to exemptions from disclosure of personal information — Whether Court applied wrong standard of review — Whether Court of Appeal formulated unworkable test for application or review of application of s. 16 of Municipal Freedom of Information and Personal Privacy Act.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(SEALING ORDER)
Algoma Public Health commissioned a forensic investigation into a former interim Chief Financial Officer’s conduct and whether there had been a conflict of interest in his hiring. Dr. Barker was the Medical Officer of Health and Chief Executive Officer of Algoma Public Health at the time of the Chief Financial Officer’s tenure. The investigator’s report contains personal information of Dr. Barker that normally would be subject to an exemption from disclosure set out in s. 14(1) of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56. Algoma Public Health received a request for access to the report from a news service. It determined that s. 16 of the Act allows disclosure because a compelling public interest in disclosure outweighs the purpose of the exemption. Dr. Barker appealed to the Information and Privacy Commissioner. The Commissioner upheld Algoma Public Health’s decision and later declined to reconsider his decision. The Divisional Court of Ontario granted an application for judicial review, quashed the Commissioner’s decisions, and ordered the Commissioner to rehear the appeal. The Court of Appeal allowed an appeal.
Lower court rulings
Divisional Court of Ontario
DC-16-315, 2017 ONSC 7564
Application for judicial review granted
Court of Appeal for Ontario
2019 ONCA 275, C65372
Appeal allowed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available