Liquor Control Board of Ontario v. Magnotta Winery Corporation

Liquor Control Board of Ontario v. Magnotta Winery Corporation

The Court held that the second branch of s.19 of FIPPA covers records prepared for use in litigation broadly construed to include mediation and settlement discussions; because the disputed records were prepared for and exchanged in mediation and were expressly confidential, they fall within s.19 and are exempt from disclosure, so the IPC's order to disclose was overturned.

Citation
2010 ONCA 681
Parties
Applicant (respondent in Appeal): Liquor Control Board of Ontario; Respondents (respondents in Appeal): Magnotta Winery Corporation; Magnotta Winery Ltd.; Magnotta Wines Ltd.; Magnotta Winery Estates Limited; Magnotta Cellars Corporation; Magnotta Vineyards Ltd.; Magnotta Brewery Ltd.; Magnotta Distillery Ltd.; Magnotta Vintners Ltd.; Respondent (appellant): Information and Privacy Commissioner; Intervenor (respondent in Appeal): The Attorney General for Ontario
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
20 October 2010
Procedural Posture
Civil Appeal (judicial Review of IPC Order) / Court of Appeal Hearing on Appeal From Divisional Court (judicial Review)
Outcome
Appeal dismissed; Divisional Court decision restored; disputed mediation and settlement records exempt from disclosure under s.19 FIPPA; no costs ordered.
Legal Topics
Freedom of Information and Protection of Privacy Act S.19, Settlement Privilege, Litigation Privilege, Mediation Confidentiality, Statutory Interpretation
Source Language
English
Administrative Law Access to Information Law Civil Procedure Evidence and Privilege Alternative Dispute Resolution Freedom of Information and Protection of Privacy Act S.19 Settlement Privilege Litigation Privilege +2 more

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Parties

Liquor Control Board of Ontario

Applicant (respondent in Appeal)

Magnotta Winery Corporation; Magnotta Winery Ltd.; Magnotta Wines Ltd.; Magnotta Winery Estates Limited; Magnotta Cellars Corporation; Magnotta Vineyards Ltd.; Magnotta Brewery Ltd.; Magnotta Distillery Ltd.; Magnotta Vintners Ltd.

Respondents (respondents in Appeal)

Information and Privacy Commissioner

Respondent (appellant)

The Attorney General for Ontario

Intervenor (respondent in Appeal)

Procedural Posture

Civil Appeal (judicial Review of IPC Order) / Court of Appeal Hearing on Appeal From Divisional Court (judicial Review)

Legal Issues

  1. 1 Whether records prepared for mediation and settlement fall within the second branch of s.19 of FIPPA (records prepared by or for Crown counsel for use in giving legal advice or in contemplation of or for use in litigation)
  2. 2 Whether common law settlement privilege applies to exempt the disputed mediation and settlement records from disclosure

Ratio Decidendi

The Court held that the second branch of s.19 of FIPPA covers records prepared for use in litigation broadly construed to include mediation and settlement discussions; because the disputed records were prepared for and exchanged in mediation and were expressly confidential, they fall within s.19 and are exempt from disclosure, so the IPC's order to disclose was overturned.

Court Disposition

Appeal dismissed; Divisional Court decision restored; disputed mediation and settlement records exempt from disclosure under s.19 FIPPA; no costs ordered.

Orders

  • Appeal dismissed
  • Divisional Court decision restoring LCBO's decision to withhold the Disputed Records reinstated