Docket

40078

Attorney General for Ontario v. Information and Privacy Commissioner of Ontario, et al.

(Ontario) (Civil) (By Leave)

(Sealing order) (Certain information not available to the public)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2024-02-02 Formal judgment sent to the registrar of the court of appeal and all parties
2024-02-02 Judgment on appeal and notice of deposit of judgment sent to all parties
2024-02-02 Judgment on the appeal rendered, CJ Ka Côt Row Mar Ja Ob, The appeal from the judgment of the Court of Appeal for Ontario, Number C69150, 2022 ONCA 74, dated January 26, 2022, heard on April 18, 2023, is allowed. The order of the Information and Privacy Commissioner of Ontario is set aside, with costs to the appellant payable by the respondent Canadian Broadcasting Corporation. Volume VI of the appellant’s record, containing the private record of proceedings before the Commissioner, will remain in the Court file but shall be confidential, sealed, and not form part of the public record.
Allowed, with costs
2023-05-01 Transcript received, 124 pages
2023-04-18 General proceeding, Questionnaire Following the Hearing of Case Involving a Publication Ban, Sealing Order or Other Limitation on Public Access to Information Attorney General for Ontario
2023-04-18 General proceeding, Questionnaire Following the Hearing of Case Involving a Publication Ban, Sealing Order or Other Limitation on Public Access to Information. Canadian Broadcasting Corporation
2023-04-18 Judgment reserved OR rendered with reasons to follow
2023-04-18 Hearing of the appeal, 2023-04-18, CJ Ka Côt Row Mar Ja Ob
2023-04-14 Respondent's condensed book, (Book Form), (Printed version filed on 2023-04-14) Information and Privacy Commissioner of Ontario
2023-04-13 Appellant's condensed book, (Book Form), (Printed version filed on 2023-04-14) Attorney General for Ontario
2023-04-13 Intervener's condensed book, (Book Form), (Printed version filed on 2023-04-13) Canadian Civil Liberties Association
2023-03-23 Notice of appearance, Justin Safayeni, Spencer Bass and Dustin Milligan will appear before the Court. Justin Safayeni will present oral argument. Canadian Broadcasting Corporation
2023-03-23 Notice of appearance, Iris Fischer and Gregory Sheppard will appear before the Court. Iris Fischer will present oral argument. Canadian Civil Liberties Association
2023-03-22 Correspondence (sent by the Court) to, all parties; Letter of direction relating to upcoming hearing
2023-03-22 Notice of appearance, Jessica Orkin and Adriel Weaver will be appearing via Zoom. Jessica Orkin will be presenting oral submissions Centre for Free Expression, Canadian Journalists for Free Expression and Canadian Association of Journalists
2023-03-20 Notice of appearance, Sean McDonough and Melissa N. Burkett will appear before the Court via Zoom. Sean McDonough will present oral argument. Attorney General of Alberta
2023-03-17 Notice of appearance, William S. Challis and Linda Chen will appear in person before the Court. William S. Challis and Linda Chen will present oral argument. Information and Privacy Commissioner of Ontario
2023-03-16 Notice of appearance, Judie Im, Nadia Laeeque and Jennifer Boyczuk will appear in person before the Court. Judie Im and Nadia Laeeque will present oral argument. , (Printed version due on 2023-03-23) Attorney General for Ontario
2023-03-10 Notice of appearance, Sean Hern K.C and Benjamin Isitt will appear before the Court. Sean Hern K.C will present oral argument. BC Freedom of Information and Privacy Association
2023-02-17 Notice of appearance, Tara Callan, Tamara Saunders and Layli Antinuk will appear via Zoom before the Court. Tara Callan will present oral argument. Attorney General of British Columbia
2023-01-24 Notice of hearing sent to parties, (sent by email)
2023-01-24 Appeal hearing scheduled, 2023-04-18
2022-12-30 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent by email to all parties)
2022-12-05 Reply factum on appeal, (Book Form), Completed on: 2022-12-14, (Printed version filed on 2022-12-05) Attorney General for Ontario
2022-11-28 Certificate (on limitations to public access), 23B BC Freedom of Information and Privacy Association
2022-11-28 Intervener's factum, (Book Form), Completed on: 2022-12-14, (Printed version filed on 2022-11-29) BC Freedom of Information and Privacy Association
2022-11-28 Intervener's factum, (Book Form), Completed on: 2022-12-14, (Printed version filed on 2022-11-29) Centre for Free Expression, Canadian Journalists for Free Expression and Canadian Association of Journalists
2022-11-28 Intervener's book of authorities, (Book Form), Completed on: 2022-12-14, (Printed version filed on 2022-12-01) Canadian Civil Liberties Association
2022-11-28 Intervener's factum, (Book Form), Completed on: 2022-12-14, (Printed version filed on 2022-12-01) Canadian Civil Liberties Association
2022-11-28 Intervener's factum, (Book Form), Completed on: 2022-12-14, (Printed version filed on 2022-11-28) Attorney General of Alberta
2022-11-25 Certificate (on limitations to public access), 23B Attorney General of British Columbia
2022-11-25 Intervener's factum, (Book Form), Completed on: 2022-12-14, (Printed version filed on 2022-11-28) Attorney General of British Columbia
2022-11-21 Certificate (on limitations to public access), 23A/23B Canadian Broadcasting Corporation
2022-11-21 Respondent's book of authorities, (Book Form), Completed on: 2022-12-14, (Printed version filed on 2022-11-21) Canadian Broadcasting Corporation
2022-11-21 Respondent's factum, (Book Form), Completed on: 2022-12-14, (Printed version filed on 2022-11-21) Canadian Broadcasting Corporation
2022-11-21 Certificate (on limitations to public access), 23A/23B, (Printed version filed on 2022-11-28) Information and Privacy Commissioner of Ontario
2022-11-21 Respondent's factum, (Book Form), Completed on: 2022-11-28, (Printed version filed on 2022-11-28) Information and Privacy Commissioner of Ontario
2022-10-17 Order on motion for leave to intervene, by Justice Karakatsanis (sent by email to all parties)
2022-10-17 Order on motion to extend time, joint with order on intervention
2022-10-17 Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Attorney General of Alberta; the Canadian Civil Liberties
Association; the BC Freedom of Information and Privacy Association; the
Attorney General of British Columbia and the Centre for Free Expression, Canadian Journalists
for Free Expression, the Canadian Association of Journalists and the Aboriginal Peoples
Television Network (jointly) for leave to intervene in the above appeal;

AND UPON APPLICATION by the Aboriginal Peoples Television Network for an extension
of time to serve and file an application for leave to appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for an extension of time is granted.

The motions for leave to intervene are granted and the five (5) interveners or groups of interveners shall each be entitled to serve and file a single factum not to exceed ten (10) pages in length on or before November 28, 2022.

The Attorney General of Alberta, the Attorney General of British Columbia, and the Centre for Free Expression, Canadian Journalists for Free Expression, Canadian Association of Journalists, and Aboriginal Peoples Television Network (jointly) are each granted permission to present oral arguments not exceeding ten (10) minutes each at the hearing of the appeal.

The Canadian Civil Liberties Association and the BC Freedom of Information and Privacy Association are each granted permission to present oral arguments not exceeding five (5) minutes each at the hearing of the appeal.

The interveners will focus on submissions which are different from those of the other parties, will not take a position on the merits, and are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.

The appellant shall be entitled to serve and file a single reply factum not to exceed five (5) pages in length on or before December 5, 2022.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions.

Granted
2022-10-17 Decision on motion to extend time, Ka
Granted
2022-10-17 Submission of motion for leave to intervene, Ka
2022-10-17 Submission of motion to extend time, Ka
2022-10-05 Response to motion to extend time, (Letter Form), Completed on: 2022-10-05 Attorney General for Ontario
2022-10-03 Order on motion to extend time, by the CHIEF JUSTICE
2022-10-03 Decision on motion to extend time, CJ, UPON APPLICATION by the respondent, Canadian Broadcasting Corporation, for an order extending the time to serve and file their factum, record and book of authorities, if any, to November 21, 2022;

AND THE MATERIAL FILED having been read;

AND NOTING the consents of the appellant and the other respondent;

IT IS HEREBY ORDERED THAT:

The motion is granted.

Both respondents shall each be permitted to serve and file their factum, record and book of authorities, if any, on or before November 21, 2022.

The date for the hearing of this appeal shall be tentatively scheduled in the 2023 Spring session.

Granted
2022-10-03 Submission of motion to extend time, CJ
2022-09-28 Motion to extend time, (Book Form), for the motion on intervention by CFE, et al.
, Completed on: 2022-10-24, (Printed version filed on 2022-09-29)
Aboriginal Peoples Television Network
2022-09-26 Correspondence received from, Jessica Orkin and Adriel Weaver, Re: amended motion for intervention to include Aboriginal Peoples Television Network Centre for Free Expression, Canadian Journalists for Free Expression and Canadian Association of Journalists
2022-09-23 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-09-26, (Printed version filed on 2022-10-03) BC Freedom of Information and Privacy Association
2022-09-22 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-09-23, (Printed version filed on 2022-09-26) Information and Privacy Commissioner of Ontario
2022-09-22 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-09-22 Attorney General for Ontario
2022-09-21 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-09-22, (Printed version filed on 2022-09-22) Canadian Broadcasting Corporation
2022-09-20 Notice of name BC Freedom of Information and Privacy Association
2022-09-15 Certificate (on limitations to public access), (Letter Form), 23B - Response to the Motion for an Extension of Time, (Printed version filed on 2022-09-16) Information and Privacy Commissioner of Ontario
2022-09-15 Response to motion to extend time, (Letter Form), Completed on: 2022-09-16, (Printed version filed on 2022-09-16) Information and Privacy Commissioner of Ontario
2022-09-15 Certificate (on limitations to public access), (Letter Form), 23B - Motion for an Extension of Time, (Printed version filed on 2022-09-15) Canadian Broadcasting Corporation
2022-09-15 Certificate (on limitations to public access), (Letter Form), 23B - Response to the Motion for an Extension of Time, (Printed version due on 2022-09-22) Attorney General for Ontario
2022-09-15 Response to motion to extend time, (Letter Form), Completed on: 2022-09-15, (Printed version due on 2022-09-22) Attorney General for Ontario
2022-09-14 Motion to extend time, (Book Form), Missing:
Form 23B (rec' 09/15/22), Completed on: 2022-09-29, (Printed version filed on 2022-09-15)
Canadian Broadcasting Corporation
2022-09-12 Notice of name, (Letter Form), Missing: Proof of Service (rec' 09/13/22)
AMENDED VERSION filed on September 26, (Printed version filed on 2022-09-27)
Centre for Free Expression, Canadian Journalists for Free Expression and Canadian Association of Journalists
2022-09-12 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 09/15/22)
Proof of Service (rec' 09/13/22)
AMENDED MOTION filed on September 26, 2022, Completed on: 2022-09-16, (Printed version filed on 2022-09-27)
Centre for Free Expression, Canadian Journalists for Free Expression and Canadian Association of Journalists
2022-09-12 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-09-13) Attorney General of British Columbia
2022-09-12 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 09/14/22), Completed on: 2022-09-16, (Printed version filed on 2022-09-13) Attorney General of British Columbia
2022-09-12 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Notice of Name (rec'd 2022-09-20), Incomplete, (Printed version filed on 2022-09-14) BC Freedom of Information and Privacy Association
2022-09-12 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-09-14) Canadian Civil Liberties Association
2022-09-12 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-09-14) Canadian Civil Liberties Association
2022-09-12 Notice of name, (Letter Form), (Printed version filed on 2022-09-14) Canadian Civil Liberties Association
2022-09-12 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 09/14/22), Completed on: 2022-09-16, (Printed version filed on 2022-09-14) Canadian Civil Liberties Association
2022-09-07 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-09-15) Attorney General of Alberta
2022-09-07 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee (rec'd September 9, 2022), Completed on: 2022-09-13, (Printed version filed on 2022-09-15)
Attorney General of Alberta
2022-08-15 Certificate (on limitations to public access), (Letter Form), 23B-Amended Certificate rec'd 2022/09/01, (Printed version due on 2022-08-22) Attorney General for Ontario
2022-08-15 Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2022-08-15) Attorney General for Ontario
2022-08-15 Appellant's book of authorities, (Book Form), Completed on: 2022-08-16, (Printed version filed on 2022-08-15) Attorney General for Ontario
2022-08-15 Appellant's record, (Book Form), (6 volumes), VOLUME 6 SEALED
Amended Volume 6 filed January 24, 2023, Completed on: 2022-08-16, (Printed version filed on 2022-08-15)
Attorney General for Ontario
2022-08-15 Appellant's factum, (Book Form), Completed on: 2022-08-16, (Printed version filed on 2022-08-15) Attorney General for Ontario
2022-06-20 Notice of appeal, (Letter Form), Completed on: 2022-06-22, (Printed version filed on 2022-06-20) Attorney General for Ontario
2022-05-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2022-05-19 Judgment on leave sent to the parties
2022-05-19 Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69150, 2022 ONCA 74, dated January 26, 2022, is granted with costs in the cause.
Granted, with costs in the cause
2022-05-19 Decision on motion to expedite the application for leave to appeal, See decision on application
Granted
2022-04-19 All materials on application for leave submitted to the Judges, for consideration by the Court
2022-04-19 Submission of motion to expedite the application for leave to appeal, for consideration by the Court
2022-04-19 Applicant's reply to respondent's argument, (Book Form), received: amended reply (rec'd 2022-04-19), Completed on: 2022-04-19, (Printed version filed on 2022-04-20) Attorney General for Ontario
2022-04-19 Response to the motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2022-04-19, (Printed version filed on 2022-04-20) Attorney General for Ontario
2022-04-14 Response to the motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2022-04-14, (Printed version filed on 2022-04-19) Information and Privacy Commissioner of Ontario
2022-04-08 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-04-11) Information and Privacy Commissioner of Ontario
2022-04-08 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-04-11) Information and Privacy Commissioner of Ontario
2022-04-08 Notice of name, (Letter Form), (Printed version filed on 2022-04-11) Information and Privacy Commissioner of Ontario
2022-04-08 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-04-12, (Printed version filed on 2022-04-11) Information and Privacy Commissioner of Ontario
2022-04-08 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-04-11) Canadian Broadcasting Corporation
2022-04-08 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-04-11) Canadian Broadcasting Corporation
2022-04-08 Notice of name, (Letter Form), (Printed version filed on 2022-04-11) Canadian Broadcasting Corporation
2022-04-08 Motion to expedite the application for leave to appeal, (Book Form), Completed on: 2022-04-12, (Printed version filed on 2022-04-11) Canadian Broadcasting Corporation
2022-04-08 Book of authorities, (Book Form), Completed on: 2022-04-12, (Printed version filed on 2022-04-11) Canadian Broadcasting Corporation
2022-04-08 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-04-12, (Printed version filed on 2022-04-11) Canadian Broadcasting Corporation
2022-04-04 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-04-04
2022-04-01 Correspondence received from, (Letter Form) Canadian Broadcasting Corporation
2022-03-28 Certificate (on limitations to public access), Amended 23B (rec'd 2022-04-20) Attorney General for Ontario
2022-03-28 Certificate (on limitations to public access), 23A Attorney General for Ontario
2022-03-28 Book of authorities, (Book Form), Completed on: 2022-04-04, (Printed version filed on 2022-03-28) Attorney General for Ontario
2022-03-28 Application for leave to appeal, (Book Form), SEALED - Tab 4D (filed 2022-03-28), 23B, Orders

Require:
- Final CA Order (rec'd 2022-04-08)
- Amended 23B (rec'd 2022-04-20), Completed on: 2022-04-12, (Printed version filed on 2022-03-28)
Attorney General for Ontario