Ontario (Minister of Community and Social Services) v. John Doe et al., 2015 ONCA 107

• Judge: Hoy, A.C.J.O., van Rensburg and Brown, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: January 20, 2015
• Jurisdiction: Ontario
• Citations: 2015 ONCA 107;(2015), 330 O.A.C. 369 (CA)

Ont. v. John Doe (2015), 330 O.A.C. 369 (CA)

MLB headnote and full text

Temp. Cite: [2015] O.A.C. TBEd. FE.006

Ministry of Community and Social Services (appellant) v. John Doe, Requester, Affected Party, Ontario Public Service Employees Union, and Information and Privacy Commissioner (respondents)

(C59060)

Ministry of Community and Social Services (respondent) v. Ontario Public Service Employees Union (appellant) and John Doe, Requester, Affected Party, and Information and Privacy Commissioner of Ontario (respondents)

(C59062; 2015 ONCA 107)

Indexed As: Ontario (Minister of Community and Social Services) v. John Doe et al.

Ontario Court of Appeal

Hoy, A.C.J.O., van Rensburg and Brown, JJ.A.

February 17, 2015.

Summary:

The Family Responsibility Office (FRO) of the Ministry of Community and Social Services was responsible for enforcing court orders respecting the payment of child and spousal support. A support payor requested personal information about himself in FRO files pursuant to s. 47(1) of the Freedom of Information and Protection of Privacy Act. The Ministry released certain records with the names of FRO employees redacted. The Information and Privacy Commissioner ordered the Ministry to disclose the records with the full names of the employees. The Ministry and the union representing FRO employees applied for an order setting aside the Commissioner's order.

The Ontario Divisional Court dismissed the application. The Ministry and the union appealed.

The Ontario Court of Appeal dismissed the appeal.

Administrative Law - Topic 9120

Boards and tribunals - Judicial review - Conflicting decisions of separate boards or tribunals - The Information and Privacy Commissioner ordered the Ministry of Community and Social Services to disclose records requested by a support payor which included the full names of employees in the Ministry's Family Responsibility Office (FRO) - On appeal, the Ministry and the union representing FRO employees pointed to an order of the Grievance Settlement Board (GSB Order) that was issued on the consent of the Ministry of the Attorney General and the union in 2000 which permitted FRO employees to identify themselves to the public by first name and employee number only - The Ministry and the union argued that compliance with the Commissioner's order would necessitate violation of the GSB Order - The Ontario Court of Appeal disagreed - There was no conflict between the two orders - The GSB Order was meant to be confined to the specific circumstances which gave rise to it - There was no suggestion that the Freedom of Information and Protection of Privacy Act and its public policy goals were considered when the GSB Order was made - The Ministry could not consent to an arrangement that would have the effect of fettering the exercise of its discretion - See paragraphs 32 to 38.

Crown - Topic 7111

Examination of public documents - General - Powers of Minister - [See Administrative Law - Topic 9120 ].

Crown - Topic 7215.1

Examination of public documents - Freedom of information - Bars - Personal safety exemption - [See Crown - Topic 7220.04 ].

Crown - Topic 7220.04

Examination of public documents - Freedom of information - Bars - Reasonable expectation of probable harm - The Family Responsibility Office (FRO) of the Ministry of Community and Social Services was responsible for enforcing court orders respecting the payment of child and spousal support - A support payor (John Doe) requested personal information about himself in FRO files - The Ministry released certain records with the names of FRO employees redacted - The Ministry relied on ss. 14(1)(e) and 20 of the Freedom of Information and Protection of Privacy Act, which allowed it to refuse to disclose records if disclosure could reasonably be expected to endanger or threaten the life, safety or health of FRO employees - The Information and Privacy Commissioner ordered the Ministry to disclose the records with the full names of the employees - The Ontario Court of Appeal dismissed an appeal by the Ministry and the union representing FRO employees - The Commissioner's order was reasonable - It was accepted that John Doe himself posed no threat to FRO employees - As to the risk arising if John Doe disseminated the names of FRO employees, there was no evidence that the employees whose names were going to be disclosed had ever been the subject of threats by anyone - Further, John Doe had the names of at least seven employees and had not disseminated that information - There was nothing inflammatory in the records that suggested John Doe's behaviour would change after reviewing the records - See paragraphs 24 to 31.

Cases Noticed:

Duncanson v. Toronto (Metropolitan) Police Services Board - see Duncanson et al. v. Fineberg et al.

Duncanson et al. v. Fineberg et al. (1999), 124 O.A.C. 170 (Div. Ct.), refd to. [para. 16].

Ontario (Information and Privacy Commissioner, Inquiry Officer) v. Ontario (Ministry of Labour, Office of the Worker Advisor) - see Ontario (Minister of Labour) et al. v. Big Canoe.

Ontario (Minister of Labour) et al. v. Big Canoe (1999), 127 O.A.C. 173; 46 O.R.(3d) 395 (C.A.), refd to. [para. 17].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 24].

Ontario (Minister of Community Safety and Correctional Services) v. Information and Privacy Commissioner (Ont.) et al., [2014] 1 S.C.R. 674; 457 N.R. 2; 320 O.A.C. 1; 2014 SCC 31, refd to. [para. 25].

British Columbia Telephone Co. v. Shaw Cable Systems (B.C.) Ltd., [1995] 2 S.C.R. 739; 183 N.R. 184, refd to. [para. 32].

Counsel:

Lise Favreau and Erin Rizok, for the Ministry of Community and Social Services;

David R. Wright and Jane Letton, for the Ontario Public Service Employees Union;

Lawren Murray, for the Information and Privacy Commissioner of Ontario.

This appeal was heard on January 20, 2015, before Hoy, A.C.J.O., van Rensburg and Brown, JJ.A., of the Ontario Court of Appeal. Hoy, A.C.J.O., delivered the following judgment for the court on February 17, 2015.