Newfoundland and Labrador Cases
The citations are linked to the Decision Reports on Canadian Legal Information Institute (CANLII).
NEWFOUNDLAND AND LABRADOR CASES |
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| Citation | Date | Court/Issue | ATIPPA Sections |
| Oleynik v. Newfoundland and Labrador (Information and Privacy Commissioner), 2012 NLCA 13 (CanLII) | 2012-02-28 | The Court of Appeal dismissed the appeal of the Trial Judge’s decision denying applications for mandamus and certiorari. The Court stated that the Appellant was ultimately seeking a review of the Public Body’s response to the Commissioner’s Report and the manner in which the Public Body had carried out the search for records responsive to the Appellant’s access to information request. The Court ruled that the proper avenue for the Appellant to seek redress was through an appeal to the Trial Division under section 60 of the ATIPPA. | Sections 60 and 62 |
| Information and Privacy Commissioner v. Newfoundland and Labrador (Business), 2012 NLTD 28 (CanLII) | 2012-02-24 | The Trial Division dismissed the Commissioner’s application for a declaration that he was entitled to review records in the custody or control of the Respondent for the purpose of determining the appropriateness of the section 5 exemption claimed. The Court ruled that the declaration sought had been refused in a previous decision in Newfoundland and Labrador (AG) v. Newfoundland and Labrador (OIPC), 2010 NLTD 19 and the matter is res judicata. The Court stated that, in any event, the wording of the ATIPPA leads to the conclusion that records taken out of the operation of the Act by virtue of Part I are not subject to production to and review by the Commissioner and any review of a public body’s determination that requested records are of a type enumerated in s. 5 is a matter, as the legislation presently stands, for the Court. | Sections 5 and 52 |
| Oleynik v. Newfoundland and Labrador (Information and Privacy Commissioner), 2011 NLCA 73 (CanLII) | 2011-11-18 | The Court of Appeal dismissed an application by the Appellant seeking an order requiring the Commissioner to make a return of the documents and exhibits that formed the basis of an investigation conducted by the Commissioner in relation to a Request for Review filed by the Appellant with the Commissioner. | Section 43 |
| Newfoundland and Labrador (Attorney General) v. Newfoundland and Labrador (Information and Privacy Commissioner), 200901T1345 (CanLII) | 2011-10-26 | A Declaration by an applications judge that s. 52 of the Access to Information and Protection of Privacy Act does not oblige the Department of Justice to produce for review certain records requested by the Commissioner was set aside. The Attorney-General was directed by the Court of Appeal to deliver the requested records to the Commissioner for review and verification of the claim of solicitor and client privilege. | Section 21 |
| Pomerleau Inc. v. Smart, 2011 NLTD 105 (CanLII) | 2011-08-05 | Supreme Court of Newfoundland and Labrador, Trial Division Procedure to be followed by a Public Body When Claiming Discretionary Exceptions | Sections 60 and 63(1) |
| Anton Oleynik vs Newfoundland and Labrador (Office of the Information and Privacy Commissioner) (Re), 2011 NLTD(G) 34 | 2011-03-01 | Supreme Court of Newfoundland and Labrador, Trial Division made a request to Memorial University seeking access to email communications containing his name, sent to or received from a particular institutional address, over a particular period of time. | S.N.L. 2002, c. A-1.1. |
| Newfoundland and Labrador (Attorney General) v. Newfoundland and Labrador (Information and Privacy Commissioner), 2010 NLTD 31 | 2010-02-16 | Supreme Court of Newfoundland and Labrador, Trail Division solicitor-client privilege; rule of evidence; interpretation; records; substantive |
3(1)(e), 7(2), 21, 43, 52(2), (3), 64(1) "Striking the Balance, the Right to Know and the Right to Privacy" -by the Freedom of Information Review Committee |
| McBreairty v. College of the North Atlantic, 2010 NLTD 28 | 2010-02-12 | Supreme Court of Newfoundland and Labrador, Trail Division solicitor-client privilege; e-mails; e-mail files; withheld; legal advice |
3(1), 5(1), 7(1)(2), 8, 9, 12(1)(a)(c), 13, 20(1)(a), 20(2)(a), (f), (j), (l), (m), 21(1)(a), 30(1), 30(2)(a), (b), (f) and (h), 43(3), 55, 61(2), 62(1)(2), 63(1), 64(1) |
| Newfoundland and Labrador (Attorney General) v. Newfoundland and Labrador (Information and Privacy Commissioner), 2010 NLTD 19 | 2010-02-03 | Supreme Court of Newfoundland and Labrador, Trial Division records; public body; information; access; commissioner |
3(1)(e), 5(1), 5(1)(k), 5(2), 22(1)(a)(n), 30(1), 43(1), 52(1)(2)(3)(4), 62, 63 |
| Newfoundland and Labrador (Office of the Information and Privacy Commissioner) and Professional Diving Contractors (1st respondent) and Minister of INTRD (2nd respondent) (Re), 2008 NLCA 29 | 2008-06-10 | Supreme Court of Newfoundland and Labrador, Court of Appeal extension of time; costs; time within which to file |
The Commissioner seeks an extension of time within which to file a notice of appeal. |
| McBreairty v. Information and Privacy Commissioner, 2008 NLTD 65 | 2008-04-15 | Supreme Court of Newfoundland and Labrador, Trial Division access to records; public body; requests for review; active files; reasonableness | 3(1)(a) and (e), 45(1)(a)(c), 60 |
| Professional Diving Contractors Ltd. v. The Minister of Innovation, Trade & Rural Development et al, 2008 NLTD 7 | 2008-01-22 | Supreme Court of Newfoundland and Labrador, Trial Division public body; follow the recommendation; notice; time; period. cited by 1 case |
9, 46(1), 50, 50(2), 60, 60(1), (8) |
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