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.
41529
Ahmad Mohammad v. Information and Privacy Commissioner for Ontario, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-05-02 | Close file on Leave | |
| 2025-05-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-01 | Judgment on leave sent to the parties | |
| 2025-05-01 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Ontario Superior Court of Justice, Divisional Court, Number 114/23, 2024 ONSC 4827, dated August 30, 2024, is quashed. Quashed |
|
| 2025-03-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-01-15 | Notice of name, (Letter Form), (Printed version filed on 2025-02-10) | McMaster University |
| 2025-01-15 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-02-10) | McMaster University |
| 2025-01-15 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-01-16, (Printed version filed on 2025-02-10) | McMaster University |
| 2025-01-14 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-01-15, (Printed version filed on 2025-01-16) | Information and Privacy Commissioner for Ontario |
| 2024-12-16 | Order on motion to add or substitute parties, by CHANTAL CARBONNEAU | |
| 2024-12-16 |
Decision on motion to add or substitute parties, Reg, UPON APPLICATION by the Information and Privacy Commissioner for Ontario for an order to add McMaster University as a respondent in the above appeal and for an extension of time to serve and file the responses to the application for leave to appeal, pursuant to Rules 6, 18, 22 and 47 of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. McMaster University is hereby added as a respondent in the proceedings before this Court pursuant to Rule 18(1) of the Rules of the Supreme Court of Canada and the style of cause shall be modified to reflect this change. The respondents shall serve and file their responses to the application for leave to appeal within thirty (30) days from the date of this order. Granted |
|
| 2024-12-16 |
Decision on motion to extend time, see Judgment on motion to add or substitute parties Granted |
|
| 2024-12-16 | Submission of motion to add or substitute parties, Reg | |
| 2024-12-16 | Submission of motion to extend time, Reg | |
| 2024-11-29 | Motion to extend time, (Book Form), (Included in the motion to add or substitute parties), to file the response, Completed on: 2024-12-06, (Printed version due on 2024-12-06) | Information and Privacy Commissioner for Ontario |
| 2024-11-29 | Motion to add or substitute parties, (Book Form), to add a respondent, Completed on: 2024-12-02, (Printed version filed on 2024-12-05) | Information and Privacy Commissioner for Ontario |
| 2024-11-25 | Notice of name, (Letter Form), (Printed version due on 2024-12-02) | Information and Privacy Commissioner for Ontario |
| 2024-11-25 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-12-02) | Information and Privacy Commissioner for Ontario |
| 2024-11-08 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2024-09-27 | Supplemental document, Videos in support of the application (Video 1 & 2) | Ahmad Mohammad |
| 2024-09-27 | Certificate (on limitations to public access), (Letter Form), Public Access to Information Form | Ahmad Mohammad |
| 2024-09-27 | Application for leave to appeal, (Book Form), Completed on: 2024-11-07 | Ahmad Mohammad |
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 |
|---|---|---|
| Mohammad, Ahmad | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Information and Privacy Commissioner for Ontario | Respondent | Active |
| McMaster University | Respondent | Active |
Counsel
Party: Mohammad, Ahmad
This party is not represented by counsel.
Party: Information and Privacy Commissioner for 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: McMaster University
Counsel
Brookfield Place
181 Bay Street, Suite 2100
Toronto, Ontario
M5J 2T3
Telephone: (416) 863-1221
FAX: (416) 863-6275
Email: Jennifer.Bernardo@Bakermckenzie.com
Summary
Keywords
Administrative law — Judicial review — Freedom of information — Whether acceptance of solicitor-client privilege to deny access to report violated rights to fair trial and transparency — Whether serious juridical error arose in choice of affidavit to accept — Whether conspiracy to deport violates legal and constitutional rights — Whether withholding report breaches ss. 7 and 11(d) of Charter of Rights and Freedoms by denying fair trial in criminal proceedings — Whether rights to due process and fair trial breached by judge presiding over case conference?
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.
Mr. Mohammad, while a graduate student at McMaster University, made a complaint to the university’s Office of Equity and Inclusion and the university’s counsel retained an investigator to investigate the complaint. Mr. Mohammad made a request for a copy of the investigator’s report under the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31. The university denied the request on the basis the document is solicitor-client privileged. The Information and Privacy Commissioner for Ontario upheld the university’s decision. The Ontario Superior Court dismissed an appeal and declared Mr. Mohammad no longer entitled to file a motion for an extension of time to apply for judicial review. The Ontario Superior Court of Justice refused to schedule a motion for an extension of time to apply for judicial review. The Ontario Divisional Court dismissed a motion for review.
Lower court rulings
Motion for review dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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