Case information

None.

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.

Administrative law - Judicial review - Access to information - Solicitor client privilege - Procedural fairness - Where a claim of solicitor-client privilege has been made over certain records, do the courts have the discretion to order disclosure of the records to opposing counsel upon the signing of a confidentiality undertaking - Effect of confidentiality provisions of Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F. 31.

A journalist made an access to information request for records relating to allegations of sexual abuse by probation officers employed by the Ministry. The Ministry found 459 pages responsive to the request but refused to disclose them. On an appeal to the Information and Privacy Commissioner, the refusal to disclose 440 pages was upheld primarily on the ground of solicitor client privilege, and 19 pages were ordered disclosed. On an application for judicial review relating to the 19 pages, the court ordered disclosure of all 459 pages to opposing counsel, subject to providing a confidentiality undertaking and an undertaking not to act on behalf of the requester on the matter in future. Disclosure was for the purpose of arguing the issue of privilege and to ensure procedural fairness to all parties. The Ministry brought a motion to set aside that Order, arguing that opposing counsel had sufficient descriptions of the records with which to argue the issue of privilege, and that disclosure would be in breach of solicitor-client privilege, confidentiality and privacy rights. The motion was dismissed by the Divisional Court and the Court of Appeal for Ontario dismissed an appeal of that decision.