Doyle v. Canada (Human Resources and Skills Development)

Doyle v. Canada (Human Resources and Skills Development)

There was no evidence of a genuine and continuing refusal to disclose records or of deliberate withholding by the Respondent; searches were found to be diligent; absent a continuing refusal the Court lacked jurisdiction under s.41 to order disclosure; therefore the application is dismissed and costs awarded to the Respondent ($1,500).

Citation
2011 FC 471
Parties
Applicant: Brian Patrick Doyle; Respondent: Human Resources and Skills Development Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
18 April 2011
Procedural Posture
Privacy Act Application for Access to Personal Information (judicial Review Under S.41) / Decision on Merits (dismissed)
Outcome
Application dismissed
Legal Topics
Privacy Act S.41, Disclosure of Records, Judicial Review, Costs
Source Language
English
Privacy Law Administrative Law Information Access Law Privacy Act S.41 Disclosure of Records Judicial Review Costs

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Parties

Brian Patrick Doyle

Applicant

Human Resources and Skills Development Canada

Respondent

Procedural Posture

Privacy Act Application for Access to Personal Information (judicial Review Under S.41) / Decision on Merits (dismissed)

Legal Issues

  1. 1 Whether the Respondent withheld or failed to disclose requested personal information
  2. 2 Whether the Respondent conducted adequate searches for requested records
  3. 3 Whether there was a continuing refusal of access such that the Court can order disclosure under s.41

Ratio Decidendi

There was no evidence of a genuine and continuing refusal to disclose records or of deliberate withholding by the Respondent; searches were found to be diligent; absent a continuing refusal the Court lacked jurisdiction under s.41 to order disclosure; therefore the application is dismissed and costs awarded to the Respondent ($1,500).

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Respondent awarded costs and disbursements of $1,500 to be paid by the Applicant