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FOI (Ont) - IPC - JRs

. Ontario (AG) v. Ontario (Information and Privacy Commissioner)

In Ontario (AG) v. Ontario (Information and Privacy Commissioner) (Ont Div Ct, 2025) the Ontario Divisional Court dismissed a JR, this brought by the AG against two IPC orders that "found the Cabinet Office had control over those entries of Premier Ford’s personal cellphone call logs that related to government or departmental matters under s. 10(1) ['Right of access'] of the Freedom of Information and Protection of Privacy Act".

Here the court considered JR SOR for IPC decisions:
[4] Deference is owed to the specialized knowledge and institutional expertise and experience of the IPC and its adjudicators in dealing with public officials using private devices for public business. ....

....

Court’s Jurisdiction and Standard of Review

[24] The court has jurisdiction over this judicial review under ss. 2(1) and 6(1) of the Judicial Review Procedure Act, R.S.O. 1990, c. J.1.

[25] The presumptive standard of review on judicial review is reasonableness: Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, [2019] 4 S.C.R. 653, at para. 25. There is no dispute that the reasonableness standard of review applies in this case.


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Last modified: 08-01-26
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