Collection
Access to Information Orders
Date
File Numbers
PA20-00716
Adjudicators
Marian Sami
Decision Type
Order
Applicable Legislation
FIPPA - 1(iii)
FIPPA - 2(1) personal information
FIPPA - 2(1) record
FIPPA - 21(1)
FIPPA - 21(2)
FIPPA - 21(3)
FIPPA - 24
FIPPA - 52(1)
FIPPA - 65(16)
FIPPA - Regulation 460 s. 2
Canadian Charter of Rights and Freedoms - 2(b)
Tribunal Adjudicative Records Act - 2
A requester made a request under FIPPA to the Landlord Tenant Board (the tribunal) seeking adjudicative records (spreadsheets containing certain fields of information from tribunal hearings conducted during a certain timeframe). The Ontario Superior Court held that a tribunal may effectively by-pass FIPPA under certain conditions, but the adjudicator in this appeal finds that the tribunal did not do so. She also finds that FIPPA applies to the request for these adjudicative records and that the Dagenais/Muntuck test is relevant, and that the records qualify as “records” under FIPPA. As a result, she orders the tribunal to produce the responsive records and, for a specified period of time, on an ongoing basis.