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Because the Divisional Court correctly concluded it had no jurisdiction to hear appeals from decisions of the Information and Privacy Commissioner, there was no proper basis for an appeal; the clear lack of jurisdiction made the motion for leave to appeal an abuse of process and it was dismissed under Rule 2.1.
Source excerpt
Judicial review of a parole-by-exception refusal was dismissed as moot. The Court held the Board disclosed the relied-on health summary and addendum, satisfying fairness.
The appeal is dismissed because the Federal Court correctly found the informant had expressly sought protection under s.16(2) and the Regional Manager's evidence supported exemption from disclosure; the Court rejected the appellants' claim that s.16 was improperly imported into ss.17-21, recognizing overlap but affirming the protection was properly applied.
Source excerpt
The Federal Court dismissed a Rule 317 motion for production of CHRC records, finding the request was a fishing expedition and the materials were not before the decision-maker.
The Trial Division correctly applied ATIPPA: the withheld material constituted personal information properly refused; the appellant failed to appeal the Privacy Commissioner decision within the statutory time and cannot revive it by repeating an identical request (s.13 permits rejecting repetitive requests); a denial that no responsive records exist does not constitute actionable refusal; and the award of costs to the successful public body was proper under the court's authority.
Source excerpt
The Federal Court struck the plaintiff’s judicial review application, finding no excess of jurisdiction by the Privacy Commissioner under the Privacy Act.
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