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38400

Newfoundland and Labrador Teachers’ Association, as Representative of its members who are Third Parties to a Request as defined under the Access to Information and Protection of Privacy Act, 2015 v. Her Majesty the Queen in Right of Newfoundland and Labrador, et al.

(Newfoundland & Labrador) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2019-05-06 Close file on Leave
2019-04-12 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-04-12 Judgment on leave sent to the parties
2019-04-11 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 of Newfoundland and Labrador, Number 201701H0010, 2018 NLCA 54, dated September 17, 2018, is dismissed with costs to the respondent, School Board for Newfoundland and Labrador English School District.
Dismissed, with costs
2019-03-11 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-01-08 Certificate (on limitations to public access), (Letter Form), 23B-Reply Newfoundland and Labrador Teachers’ Association, as Representative of its members who are Third Parties to a Request as defined under the Access to Information and Protection of Privacy Act, 2015
2018-12-20 Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-12-20 Newfoundland and Labrador Teachers’ Association, as Representative of its members who are Third Parties to a Request as defined under the Access to Information and Protection of Privacy Act, 2015
2018-12-13 Notice of name, (Letter Form) Information and Privacy Commissioner of Newfoundland and Labrador
2018-12-13 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen in Right of Newfoundland and Labrador
2018-12-13 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen in Right of Newfoundland and Labrador
2018-12-13 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-12-13 Her Majesty the Queen in Right of Newfoundland and Labrador
2018-12-13 Certificate (on limitations to public access), (Letter Form), 23B Information and Privacy Commissioner of Newfoundland and Labrador
2018-12-13 Certificate (on limitations to public access), (Book Form), 23A Information and Privacy Commissioner of Newfoundland and Labrador
2018-12-13 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-12-13 Information and Privacy Commissioner of Newfoundland and Labrador
2018-12-07 Certificate (on limitations to public access), (Letter Form), 23B School Board for Newfoundland and Labrador English School District
2018-12-07 Certificate (on limitations to public access), (Letter Form), 23A School Board for Newfoundland and Labrador English School District
2018-12-07 Notice of name, (Letter Form) School Board for Newfoundland and Labrador English School District
2018-12-07 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2018-12-07 School Board for Newfoundland and Labrador English School District
2018-11-16 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2018/11/16
2018-11-16 Certificate (on limitations to public access), (Letter Form), 23B Newfoundland and Labrador Teachers’ Association, as Representative of its members who are Third Parties to a Request as defined under the Access to Information and Protection of Privacy Act, 2015
2018-11-16 Certificate (on limitations to public access), (Letter Form), 23A Newfoundland and Labrador Teachers’ Association, as Representative of its members who are Third Parties to a Request as defined under the Access to Information and Protection of Privacy Act, 2015
2018-11-16 Notice of name, (Letter Form) Newfoundland and Labrador Teachers’ Association, as Representative of its members who are Third Parties to a Request as defined under the Access to Information and Protection of Privacy Act, 2015
2018-11-16 Application for leave to appeal, (Book Form), Signed CA decision required; CA Order rec'd 2018/11/28, Completed on: 2019-03-12 Newfoundland and Labrador Teachers’ Association, as Representative of its members who are Third Parties to a Request as defined under the Access to Information and Protection of Privacy Act, 2015

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

Main parties - Appellants
Name Role Status
Newfoundland and Labrador Teachers’ Association, as Representative of its members who are Third Parties to a Request as defined under the Access to Information and Protection of Privacy Act, 2015 Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen in Right of Newfoundland and Labrador Respondent Active
School Board for Newfoundland and Labrador English School District Respondent Active
Information and Privacy Commissioner of Newfoundland and Labrador Respondent Active

Counsel

Party: Newfoundland and Labrador Teachers’ Association, as Representative of its members who are Third Parties to a Request as defined under the Access to Information and Protection of Privacy Act, 2015

Counsel
Names
Thomas E. Williams, Q.C.
Kyle Rees
Contact information
O'Dea, Earle
323 Duckworth St
PO BOX 5955 STN C
St.John's, Newfoundland & Labrador
A1C 5X4
Telephone: (709) 726-3524 Ext: 247
FAX: (709) 726-9600
Email: twilliams@odeaearle.ca
Agent
Name
Marie-France Major
Contact information
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Her Majesty the Queen in Right of Newfoundland and Labrador

Counsel
Name
David G. Rodgers
Contact information
Department of Justice & Public Safety (NL)
4th Floor East Block Confederation Building
PO Box 8700, Stn. A
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2893
FAX: (709) 729-2129
Email: davidrodgers@gov.nl.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8817
FAX: (613) 788-3500
Email: robert.houston@gowlingwlg.com

Party: School Board for Newfoundland and Labrador English School District

Counsel
Name
Ian C. Wallace
Contact information
Stewart McKelvey
1100 - 100 New Gower Street
St. John's, Newfoundland & Labrador
A1C 5V3
Telephone: (709) 722-4270
FAX: (709) 722-4565
Email: iwallace@smss.com
Agent
Name
David R. Elliott
Contact information
Dentons Canada LLP
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com

Party: Information and Privacy Commissioner of Newfoundland and Labrador

Counsel
Name
Andrew Fitzgerald
Contact information
Lewis, Sinnott, Fitzgerald
PO Box 884
St-John's, Newfoundland & Labrador
A1C 5L7
Telephone: (709) 753-7810 Ext: 27
FAX: (709) 738-2965
Email: afitzgerald@nfld.net
Agent
Name
Robert E. Houston, Q.C.
Contact information
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8817
FAX: (613) 788-3500
Email: robert.houston@gowlingwlg.com

Summary

Keywords

Access to Information — Request for disclosure of information under the Access to Information and Protection of Privacy Act — Principles applicable — Whether the public has a legitimate and significant interest in the identities of people who receive public money — How should courts balance contrasting elements of the dual purposes of the Act namely ‘public access’, and ‘protection of privacy’ — How should courts protect personal information and what constitutes an unreasonable invasion of personal privacy in Canada.

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.

A local journalist requested the “name, job title and corresponding taxable income for the 2015 tax year for all English School District employees earning more than $100,000”. After evaluating the request, the English School District notified the affected employees that, subject to any appeal, it would disclose the information under the Access to Information and Protection of Privacy Act, 2015, SNL 2015, c. A 1.2. The applicant appealed the decision. Butler J. allowed the appeal, and denied the request for disclosure pursuant to the Act. A majority of the Court of Appeal set aside the decision of Butler J. and restored the decision of the English School Board requiring disclosure of the names. Welsh J.A., dissenting, would have held the Act precluded disclosure of the names.

Lower court rulings

December 22, 2016
Supreme Court of Newfoundland & Labrador, Trial Division

201601G2452, 2016 NLTD(G) 211

Ruling: request for disclosure pursuant to Access to Information and Protection of Privacy Act denied

September 17, 2018
Court of Appeal of Newfoundland and Labrador

201701H0010, 2018 NLCA 54

Appeal allowed: request for disclosure pursuant to Access to Information and Protection of Privacy Act granted

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 613-996-8666 or at 1-844-365-9662.

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

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 613-996-8666 or at 1-844-365-9662.

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

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 613-996-8666 or at 1-844-365-9662.

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

Webcasts

Not available.

Date modified: 2025-02-27