Access to Information Orders

Decision Information

Summary:

The appellant made a request to the university for records relating to herself at the university while she was a medical resident. The university granted partial access to the records denying information on the basis of the discretionary exemptions in section 49(a), with reference to section 19 (solicitor-client privilege), and 49(b) (personal privacy). The university also claimed that some of the information that it identified was not responsive to the appellant’s request. Lastly, the university indicated that it had not conducted a search of certain offices as it did not have custody or control of records in these offices. The adjudicator upholds the university’s decision to deny access under sections 49(a) and (b). The adjudicator finds that the information withheld as not responsive does not reasonably relate to the appellant’s request. Lastly, the order requires the university to ask the two named doctors to search their records for responsive information relating to the appellant and issue a decision.

Decision Content

Information and Privacy Commissioner,
Ontario, Canada

IPC of Ontario logo

Commissaire à l’information et à la protection de la vie privée,
Ontario, Canada

ORDER PO-3287

Appeal PA11-166

University of Ottawa

December 19, 2013

Summary: The appellant made a request to the university for records relating to herself at the university while she was a medical resident. The university granted partial access to the records denying information on the basis of the discretionary exemptions in section 49(a), with reference to section 19 (solicitor-client privilege), and 49(b) (personal privacy). The university also claimed that some of the information that it identified was not responsive to the appellant’s request. Lastly, the university indicated that it had not conducted a search of certain offices as it did not have custody or control of records in these offices. The adjudicator upholds the university’s decision to deny access under sections 49(a) and (b). The adjudicator finds that the information withheld as not responsive does not reasonably relate to the appellant’s request. Lastly, the order requires the university to ask the two named doctors to search their records for responsive information relating to the appellant and issue a decision.

Statutes Considered: Freedom of Information and Protection of Privacy Act , R.S.O. 1990, c. F.31 , as amended, ss. 2(1)(definition of personal information); 49(a), 19, 49(b), 21(2)(h), 21(3)(d) and (g)

Orders and Investigation Reports Considered: Order PO-3009-F, PO-3216

OVERVIEW:

[1] The appellant made a request to the University of Ottawa (the university) under the Freedom of Information and Protection of Privacy Act  (the Act ) for access to:

…all records about me in all offices of the university and with all staff of the university that have records about me. The respondent period is from April 1, 2003 to present.

I expect records to be in the offices of Legal [Counsel], the Dean of the Faculty of Medicine [named doctor], the Dean associate [named doctor], the [D]ivision of Cardiac Surgery, [t]he Chief of Cardiac Surgery [named doctor], the Program Director of Cardiac Surgery [named doctor], the office of well-being program for physicians in training [named individual], Financial Services, Human Resources, the VP-Academic, the President, the VP-Governance office, and other offices.

[2] The university located 1,102 records and issued a decision letter to the appellant that granted her partial access to these records. According to the university’s index of records, it denied access to most of the remaining records, in full or in part, under the discretionary exemptions in section 49(a), read in conjunction with section 19 (solicitor-client privilege) of the Act . It denied access to other records and parts of records under the discretionary exemptions in section 49(b) (personal privacy), 18.1 (information with respect to closed meetings) and the mandatory exemption in section 21(1). The university also claimed that some records were excluded from the scope of the Act  under section 65(6) (labour relations and employment records). Lastly, the university withheld some records as they were not responsive to the appellant’s request.

[3] The university’s decision also indicated where it had searched and that it had not conducted a search of the offices of certain individuals identified in the request as it did not have custody or control of their records.

[4] During mediation, the university issued a revised decision and disclosed a number of additional records. I have removed those records from the scope of the appeal and they are not included in the index of records which is attached to this order.

[5] Also during mediation, the appellant raised the issue of additional responsive records so the reasonableness of the university’s search was added as an issue in the appeal. The appellant also took issue with the university’s position about the custody and control of certain records. The appellant confirmed that she was appealing the university’s denial of access on the basis of the exemptions and exclusions and also the disputed information identified as not responsive or not within the university’s custody or control.

[6] I sought representations from the university and the appellant. I received representations from the university only. Representations were shared in accordance with section 7 of the IPC’s Code of Procedure and Practice Direction 7.

[7] In its representations, the university withdrew its reliance on section 18.1 to withhold specific records and instead now claims these records are exempt under section 49(a), in conjunction with section 19. Furthermore, the university only claimed section 18.1 for Record 565 and has now agreed to disclose it, in its entirety. Lastly, the university withdrew its claim that some of the records were excluded under section 65(6) and instead now claims that these records are exempt under sections 49(a) and 19. The university also stated that Record 1099e, which was also withheld on the basis of the exclusion in section 65(6), would be disclosed in its entirety. These revisions are all reflected in the index of records attached to this order.

[8] In this order, I uphold the university’s decision to withhold information as not responsive, as well as its decision to apply the exemptions in sections 49(a) and (b). I further order the university to conduct a search for responsive records in the offices of the two specified doctors and to provide the appellant with a decision on any records that may be located.

RECORDS:

[9] The records at issue are set out in the index of records which is in the attached appendix to this order.

ISSUES:

  1. A. Are some of the records not responsive to the appellant’s request?
  2. B. Are some of the records in the custody or under the control of the institution under section 10(1)?
  3. C. Do the records contain personal information, and if so, to whom does it relate?
  4. D. Does the mandatory exemption at section 21(1) or the discretionary exemption at section 49(b) apply to the information at issue?
  5. E. Does the discretionary exemption at section 49(a) in conjunction with the exemption at section 19 apply to the information at issue?
  6. F. Was the institution’s exercise of discretion under section 49(a) and (b) proper in the circumstances?
  7. G. Was the institution’s search for records reasonable?

DISCUSSION:

A. Are some of the records not responsive to the appellant’s request?

[10] The university submits that portions of some of the records are not responsive to the appellant’s request.

[11] Institutions should adopt a liberal interpretation of a request, in order to best serve the purpose and spirit of the Act . Generally, ambiguity in the request should be resolved in the requester’s favour.1 To be considered responsive to the request, records must reasonably relate to the request.2

[12] The university submits that portions of Records 627, 682 – 683, 753, 820, 822 – 824 and 1099) are not responsive to the appellant’s request. The university submits that these records contain the following types of information which do not reasonably relate to the appellant’s request:

  • • Employment-related information of other individuals.
  • • Academic information related to other individuals.
  • • Other individual’s personal information.
  • • Information relating to a meeting convened by the Dean of the Faculty of Medicine related to academic appointment issues.
  • • Post-graduate Education Committee meeting minutes that do not relate to the appellant.

[13] Based on my review of the withheld portions of these records, I find that the information identified by the university as not responsive does not reasonably relate to the appellant’s request. Accordingly, I uphold the university’s decision with respect to this information.

B. Are some of the records in the custody or under the control of the institution under section 10(1)?

[14] The appellant disputes the university’s claim that it does not have custody or control of record holdings in the offices of various individuals. Consequently, it must be determined whether these records are in the custody or under the control of the university under section 10(1)  of the Act , which states:

Every person has a right of access to a record or a part of a record in the custody or under the control of an institution unless . . .

[15] Under section 10(1), the Act  applies only to records that are in the custody or under the control of an institution.

[16] A record will be subject to the Act  if it is in the custody OR under the control of an institution; it need not be both.3

[17] A finding that a record is in the custody or under the control of an institution does not necessarily mean that a requester will be provided access to it.4 A record within an institution’s custody or control may be excluded from the application of the Act under one of the provisions in section 65, or may be subject to a mandatory or discretionary exemption (found at sections 12 through 22 and section 49).

[18] The courts and this office have applied a broad and liberal approach to the custody or control question.5

Factors relevant to determining custody or control

[19] Based on the above approach, this office has developed a list of factors to consider in determining whether or not a record is in the custody or control of an institution, as follows.6 The list is not intended to be exhaustive. Some of the listed factors may not apply in a specific case, while other unlisted factors may apply.

  • • Was the record created by an officer or employee of the institution?7
  • • What use did the creator intend to make of the record?8
  • • Does the institution have a statutory power or duty to carry out the activity that resulted in the creation of the record?9
  • • Is the activity in question a core, central or basic function of the institution?10
  • • Does the content of the record relate to the institution’s mandate and functions?11
  • • Does the institution have physical possession of the record, either because it has been voluntarily provided by the creator or pursuant to a mandatory statutory or employment requirement?12
  • • If the institution does have possession of the record, is it more than bare possession?13
  • • If the institution does not have possession of the record, is it being held by an officer or employee of the institution for the purposes of his or her duties as an officer or employee?14
  • • Does the institution have a right to possession of the record?15
  • • Does the institution have the authority to regulate the record’s content, use and disposal?16
  • • Are there any limits on the use to which the institution may put the record, what are those limits, and why do they apply to the record?17
  • • To what extent has the institution relied upon the record?18
  • • How closely is the record integrated with other records held by the institution?19
  • • What is the customary practice of the institution and institutions similar to the institution in relation to possession or control of records of this nature, in similar circumstances?20

[20] The following factors may apply where an individual or organization other than the institution holds the record:

  • • If the record is not in the physical possession of the institution, who has possession of the record, and why?21
  • • Is the individual, agency or group who or which has physical possession of the record an institution for the purposes of the Act ?
  • • Who owns the record?22
  • • Who paid for the creation of the record?23
  • • What are the circumstances surrounding the creation, use and retention of the record?24
  • • Are there any provisions in any contracts between the institution and the individual who created the record in relation to the activity that resulted in the creation of the record, which expressly or by implication give the institution the right to possess or otherwise control the record?25
  • • Was there an understanding or agreement between the institution, the individual who created the record or any other party that the record was not to be disclosed to the Institution?26 If so, what were the precise undertakings of confidentiality given by the individual who created the record, to whom were they given, when, why and in what form?
  • • Is there any other contract, practice, procedure or circumstance that affects the control, retention or disposal of the record by the institution?
  • • Was the individual who created the record an agent of the institution for the purposes of the activity in question? If so, what was the scope of that agency, and did it carry with it a right of the institution to possess or otherwise control the records? Did the agent have the authority to bind the institution?27
  • • What is the customary practice of the individual who created the record and others in a similar trade, calling or profession in relation to possession or control of records of this nature, in similar circumstances?28
  • • To what extent, if any, should the fact that the individual or organization that created the record has refused to provide the institution with a copy of the record determine the control issue?29

[21] In determining whether records are in the custody or control of an institution, the above factors must be considered contextually in light of the purpose of the legislation: City of Ottawa v. Ontario, above.

[22] The appellant identified a hospital employee and two doctors who are on faculty with the university, who should have responsive records. The university submits that it does not have custody or control of the records generated by these individuals for the following reasons:

  • • Medical residents hold a dual status as both trainees at the university and employees of teaching hospitals. The medical resident’s employment contract with the hospital is governed by a collective agreement between teaching hospitals and the union representing medical residents.
  • • Physicians in teaching hospitals have a dual status in that they are physicians with medical privileges carrying out their clinical duties but they also hold an academic appointment with the university in that they carry out academic duties to supervise and evaluate medical residents.
  • • The two named professors are both physicians and clinical faculty members with the university.
  • • Both physicians and other employees of the hospital may generate records about medical residents as part of their employment duties. The named employee in the appellant’s request is a hospital employee and not an employee of the university.
  • • Communications about medical residents exchanged by the professors and hospital employees are often created, received or disseminated in the exercise of their professional and clinical duties and hospital responsibilities and not necessarily in solely the exercise of their academic duties.
  • • The content of communications would contain information about the clinical duties and clinical setting (for example, personal health information of the hospital’s patients or other personal information in connection with the hospital’s activities) in which case, this kind of information is unrelated to the university’s mandate and not accessible to it by custom or practice.

[23] To summarize, the university submits that it does not have custody of the records because it does not have access to the hospital’s paper or electronic records. The university does not have control of the responsive records as the professors, besides being part of the clinical faculty, are also physicians at the hospital.

[24] Recently, in Order PO-3257, I found that the university had control over the record holdings of two doctors who held both clinical positions at a teaching hospital and faculty positions with the university. In finding that the university had control over the records of the two doctors, I cited Orders PO-3216 and PO-3009-F issued by Adjudicator Diane Smith. In Order PO-3009-F, Adjudicator Smith discussed whether the following types of records may be in the custody of university professors and also within the control of the university:

  1. 1. records or portions of records in the possession of an APUO [Association of Professors of the University of Ottawa] that relate to the personal matters or activities that are wholly unrelated to the university’s mandate, are not in the university’s custody or control;
  2. 2. records relating to teaching or research are likely to be impacted by academic freedom, and would only be in the university’s custody and/or control if they would be accessible to it by custom or practice, taking academic freedom into account;
  3. 3. administrative records are prima facie in the university’s custody and control, but would not be if they are unavailable to the university by custom or practice, taking academic freedom into account.

[25] In Order PO-3216, Adjudicator Smith stated the following in finding that the university had control over records held by university professors, who were also employees of Algonquin College:

The appellant identifies several university staff by name, including professors in her request. Based on the short time frame of the request and its wording, I find the appellant is primarily seeking records relating to herself concerning an issue that was brought before one of the university’s committees. The records that the appellant is seeking do not relate to the named professor’s own personal matters, nor are these records related to teaching or research that are likely to be impacted by academic freedom.

It appears to me that the records the appellant is seeking are primarily administrative records, which are prima facie in the university’s custody and control.

[26] I adopt the approach taken by Adjudicator Smith in those appeals.

[27] In the current appeal, the two doctors identified by the appellant hold faculty positions with the university and are doctors at the hospital. Although many of their records may not be in the university’s custody or control, some of their records may relate to academic matters in which the university has an interest.

[28] I find the following factors should be given some weight in my consideration of whether the university exercises control of the physician’s records, insofar as they are faculty members of the university:

  • • The physicians identified by the appellant have a faculty appointment with university and carry out academic duties to supervise and evaluate medical residents enrolled in the postgraduate medical training programs.
  • • Some of the records relating to the appellant could therefore relate to the appellant’s academic performance during her residency.
  • • The university would have the right to request records relating to the appellant’s academic performance during his medical residency and regulate its use and disposal.
  • • The university could rely on those records in its determination of whether the appellant had successfully completed her postgraduate medical training.

[29] The university submits that it is not its custom or practice to access information relating to the physicians’ clinical duties or relating to the clinical setting. I find that the university would not have control over records containing this type of information. However, as clinical faculty members, these physicians are also involved in evaluating the appellant’s performance as a resident for the purpose of her postgraduate medical training, I find this factor is indicative of the university’s control over this type of information.

[30] Accordingly, I find that the physicians’ records relating to the appellant’s performance in postgraduate medical training at the hospital are within the university’s control. I will order the university to request that these physicians conduct a search for and provide it with any records relating to the appellant’s academic performance in the university’s postgraduate medical training program.

[31] With respect to the record holdings of the named hospital employee, on the other hand, I find the following factors are relevant:

  • • The named hospital employee is not also a university employee.
  • • The circumstances surrounding the employee’s creation of the record would relate to the appellant’s clinical duties and the clinical setting.
  • • The university would not have the right to regulate the records content, use and disposal.
  • • The record is in the possession of the hospital who itself is an institution under the Act .

[32] I find that these factors and the circumstances in this appeal indicate that the university does not have control over the records of the hospital employee relating to the appellant. Accordingly, I uphold the university’s decision relating to the search for responsive records by this employee of the hospital.

C. Do the records contain personal information within the meaning of section 2(1), and if so, to whom does it relate?

[33] In order to determine which sections of the Act  may apply, it is necessary to decide whether the record contains personal information and, if so, to whom it relates. That term is defined in section 2(1) as follows:

personal information means recorded information about an identifiable individual, including,

(a) information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual,

(b) information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved,

(c) any identifying number, symbol or other particular assigned to the individual,

(d) the address, telephone number, fingerprints or blood type of the individual,

(e) the personal opinions or views of the individual except if they relate to another individual,

(f) correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence,

(g) the views or opinions of another individual about the individual, and

(h) the individual’s name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual;

[34] The list of examples of personal information under section 2(1) is not exhaustive. Therefore, information that does not fall under paragraphs (a) to (h) may still qualify as personal information.30

[35] Sections 2(3) and (4) also relate to the definition of personal information. These sections state:

(3) Personal information does not include the name, title, contact information or designation of an individual that identifies the individual in a business, professional or official capacity.

(4) For greater certainty, subsection (3) applies even if an individual carries out business, professional or official responsibilities from their dwelling and the contact information for the individual relates to that dwelling.

[36] To qualify as personal information, the information must be about the individual in a personal capacity. As a general rule, information associated with an individual in a professional, official or business capacity will not be considered to be about the individual.31

[37] Even if information relates to an individual in a professional, official or business capacity, it may still qualify as personal information if the information reveals something of a personal nature about the individual.32

[38] To qualify as personal information, it must be reasonable to expect that an individual may be identified if the information is disclosed.33

[39] The university submits that the records contain the personal information of the appellant and individuals other than the appellant including patients, other medical residents, and university and hospital staff. Specifically, the records contain medical information relating to patients and information about other medical residents, contact information of other individuals and other information relating to hospital or university employees in their personal capacity.

[40] Based on my review of the records, I find that all of the records contain recorded information of the appellant which qualifies as her personal information for the purposes of section 2(1). In particular, I find the records contain information relating to her education and employment history (paragraph (b) of the definition of personal information).

[41] I find that the records also contain information which meets the requirements for personal information relating to other individuals, specifically other residents. Again, I find that some of the records contain information relating to the employment and educational history of these individuals (paragraph (b) of the definition of personal information) and, as such, qualifies as their personal information for the purposes of section 2(1).

[42] Lastly, I find the records contain information relating to university employees that meets the definition of personal information. I find that disclosure of the following information would reveal something of a personal nature of these individuals:

  • • Information relating to marital or family status (paragraph (a) of the definition of personal information);
  • • Information relating to the employment history (paragraph (b) of the definition of personal information);
  • • Telephone number of an individual (paragraph (d) of the definition of personal information);
  • • Personal opinions or view of an individual (paragraph (e) of the definition of personal information)

[43] Accordingly, as all of the records at issue relate to the appellant and contain her personal information and some of the records contain the personal information of the appellant and other individuals, I will consider the application of the discretionary exemptions in sections 49(a) and (b).

D. Does the discretionary exemption at section 49(b) apply to the records at issue?

[44] Section 47(1)  of the Act  gives individuals a general right of access to their own personal information held by an institution. Section 49 provides a number of exemptions from this right.

[45] Under section 49(b), where a record contains personal information of both the requester and another individual, and disclosure of the information would be an unjustified invasion of the other individual’s personal privacy, the institution may refuse to disclose that information to the requester. Since the section 49(b) exemption is discretionary, the institution may also decide to disclose the information to the requester.

[46] The university claims that section 49(b) applies to exempt the withheld personal information of other individuals in Records: 39, 68, 71, 74 – 77, 87, 91, 92, 97, 98, 109, 110, 144, 180, 207, 307, 397 – 399, 425 – 430, 432, 497, 504, 506, 579 - 582, 590, 592, 593, 659, 701, 702, 704, 705, 782, 804 – 808, 811, 824, 837, 838, 938 – 943, 957, 981 – 983, 989 – 993, 1022, 1027, 1033, 1038, 1052, 1053, 1055 – 1057, 1059, 1063, 1064, 1066, 1086, 1098 and 1099. I have also identified in the index other records containing the personal information of individuals other than the appellant.

[47] I note that the university, for some of the above referenced records, claimed section 21(1) only. While the records consist of email chains, I find that all of the emails refer to the appellant. The correct approach is to review the entire record, not only the portions remaining at issue, to determine whether it contains the requester’s personal information. This record-by-record analysis is significant because it determines what exemptions that the records as a whole (rather than only certain portions of it) must be reviewed under.34 Accordingly, I have considered whether section 49(b) applies to these records, in conjunction with section 21(1).

[48] Sections 21(1) to (4) provide guidance in determining whether the unjustified invasion of personal privacy threshold under section 49(b) is met:

  • • if the information fits within any of paragraphs (a) to (e) of section 21(1), disclosure is not an unjustified invasion of personal privacy and the information is not exempt under section 49(b);
  • • section 21(2) lists relevant circumstances or factors that must be considered;
  • • section 21(3) lists circumstances in which the disclosure of personal information is presumed to constitute an unjustified invasion of personal privacy; and
  • • section 21(4) lists circumstances in which the disclosure of personal information does not constitute an unjustified invasion of personal privacy, despite section 21(3).

[49] Neither the university nor the appellant submit that paragraphs (a) to (e) of section 21(1) or the circumstances in section 21(4) apply to the withheld personal information in the records at issue. In the circumstances, I find that these sections are not relevant and only the exception in section 21(1)(f) might apply as it permits the head to disclose personal information if disclosure does not constitute an unjustified invasion of personal privacy.

[50] Neither the university nor the appellant addressed the presumptions in section 21(3) or the factors in section 21(2). The appellant has received the portions of the records which contain only her own personal information. Based on my review of the personal information remaining at issue, I find that it relates solely to other individuals and that the presumptions in sections 21(3)(d) and (g), as well as the factor in section 21(2)(h) is relevant to my determination of whether the disclosure of this information would result in an unjustified invasion of personal privacy. These sections state:

(2) A head, in determining whether a disclosure of personal information constitutes an unjustified invasion of personal privacy, shall consider all the relevant circumstances, including whether,

(h) the personal information has been supplied by the individual to whom the information relates in confidence; and

(3) A disclosure of personal information is presumed to constitute an unjustified invasion of personal privacy where the personal information,

(d) relates to employment or educational history;

(g) consists of personal recommendations or evaluations, character references or personnel evaluations; or

[51] Some of the personal information withheld relates to the employment and educational history of other medical residents enrolled in the medical program at the university and as such, I find that the presumption in section 21(3)(d) applies to it. Furthermore, the presumption in section 21(3)(g) is also relevant as the records contain personal evaluations of other medical residents. I find that the factor favouring non-disclosure in section 21(2)(h) is also relevant. Some of the information withheld under section 49(b) consists of the personal cell phone or home numbers of university employees. There are also comments made by university employees about personal details of their lives that do not relate to either their employment or the appellant. I find that this information was given in the context of emails between colleagues and the employees had an expectation that this information would be kept confidential. As stated above, the appellant did not provide representations, and I have not been referred to any factors in section 21(2) favouring disclosure. Accordingly, I find that disclosure of the personal information relating to other individuals would constitute an unjustified invasion of their personal privacy and as such section 49(b) applies to exempt them from disclosure, subject to my finding on the university’s exercise of discretion.

E. Does the discretionary exemption at section 49(a), in conjunction with the exemption at section 19, apply to the information at issue?

[52] As stated above, section 47(1) gives individuals a general right of access to their own personal information held by an institution, while section 49 provides a number of exemptions from this right. Section 49(a) states:

A head may refuse to disclose to the individual to whom the information relates personal information,

where section 12, 13, 14, 14.1, 14.2, 15, 16, 17, 18, 19, 20 or 22 would apply to the disclosure of that personal information.

[53] Section 49 (a) of the Act  recognizes the special nature of requests for one’s own personal information and the desire of the legislature to give institutions the power to grant requesters access to their personal information.35

[54] Where access is denied under section 49(a), the institution must demonstrate that, in exercising its discretion, it considered whether a record should be released to the requester because the record contains his or her personal information.

[55] In this case, the university relies on section 49(a) in conjunction with section 19 which states:

A head may refuse to disclose a record,

(a) that is subject to solicitor-client privilege;

(b) that was prepared by or for Crown counsel for use in giving legal advice or in contemplation of or for use in litigation; or

(c) that was prepared by or for counsel employed or retained by an educational institution for use in giving legal advice or in contemplation of or for use in litigation.

[56] Section 19 contains two branches as described below. Branch 1 arises from the common law and section 19(a). Branch 2 is a statutory privilege and arises from section 19(b), or in the case of an educational institution, from section 19(c). The institution must establish that at least one branch applies.

Branch 1: common law privilege

[57] Branch 1 of the section 19 exemption encompasses two heads of privilege, as derived from the common law: (i) solicitor-client communication privilege; and (ii) litigation privilege. In order for branch 1 of section 19 to apply, the institution must establish that one or the other, or both, of these heads of privilege apply to the records at issue.36

Solicitor-client communication privilege

[58] Solicitor-client communication privilege protects direct communications of a confidential nature between a solicitor and client, or their agents or employees, made for the purpose of obtaining or giving professional legal advice.37

[59] The rationale for this privilege is to ensure that a client may confide in his or her lawyer on a legal matter without reservation.38

[60] The privilege applies to a continuum of communications between a solicitor and client:

. . . Where information is passed by the solicitor or client to the other as part of the continuum aimed at keeping both informed so that advice may be sought and given as required, privilege will attach.39

[61] The privilege may also apply to the legal advisor’s working papers directly related to seeking, formulating or giving legal advice.40

[62] Confidentiality is an essential component of the privilege. Therefore, the institution must demonstrate that the communication was made in confidence, either expressly or by implication.41

Litigation privilege

[63] Litigation privilege protects records created for the dominant purpose of litigation, actual or reasonably contemplated.42

[64] In Solicitor-Client Privilege in Canadian Law by Ronald D. Manes and Michael P. Silver, (Butterworth’s: Toronto, 1993), pages 93-94, the authors offer some assistance in applying the dominant purpose test, as follows:

The dominant purpose test was enunciated [in Waugh v. British Railways Board, [1979] 2 All E.R. 1169] as follows:

A document which was produced or brought into existence either with the dominant purpose of its author, or of the person or authority under whose direction, whether particular or general, it was produced or brought into existence, of using it or its contents in order to obtain legal advice or to conduct or aid in the conduct of litigation, at the time of its production in reasonable prospect, should be privileged and excluded from inspection.

It is crucial to note that the dominant purpose can exist in the mind of either the author or the person ordering the document’s production, but it does not have to be both.

. . . . .

[For this privilege to apply], there must be more than a vague or general apprehension of litigation.

Branch 2: statutory privileges

[65] Branch 2 is a statutory exemption that is available in the context of Crown counsel for an educational institution giving legal advice or conducting litigation. The statutory exemption and common law privileges, although not necessarily identical, exist for similar reasons.

Statutory solicitor-client communication privilege

[66] Branch 2 applies to a record that was prepared by or for Crown counsel, or counsel for an educational institution, for use in giving legal advice.

Statutory litigation privilege

[67] Branch 2 applies to a record that was prepared by or for Crown counsel, or counsel for an educational institution, in contemplation of or for use in litigation.

[68] Records that form part of the Crown brief, including copies of materials provided to prosecutors by police, and other materials created by or for counsel, are exempt under the statutory litigation privilege aspect of branch 2.43 However, branch 2 of section 19 does not exempt records in the possession of the police, created in the course of an investigation, just because copies later become part of the Crown brief. 44

[69] Documents not originally created in contemplation of or for use in litigation, which are copied for the Crown brief as the result of counsel’s skill and knowledge, are exempt under branch 2 statutory litigation privilege.45

[70] Termination of litigation does not affect the application of statutory litigation privilege under branch 2.46

[71] Branch 2 includes records prepared for use in the mediation or settlement of actual or contemplated litigation.47

[72] The university submits that both branch 1 and 2 privileges of section 19 apply to the records for which this exemption has been claimed, as the records contain legal advice sought and received from both university and external counsel. The university submits:

The records mentioned in [referenced paragraph] generally relate to advice being sought from and given by counsel for the university in relation to the appellant’s various stages of her academic appeal of her status in the medical residency program and other litigation involving the appellant.

[73] The university identified its internal and external counsel and submits that the records fall into four categories:

  1. 1. Records #21, 24 – 26, 54, 123, 126, 128, 131, 138, 145, 281, 283 – 297, 299, 303, 310, 312 – 317, 319, 326, 329, 331 – 336, 339 – 344, 347 – 356, 358, 360 – 368, 392 – 396, 403 – 407, 508, 510, 514, 523 – 525, 527, 545 – 546, 554 – 555, 557 – 562, 573, 574, 577 – 578, 583 – 585, 588, 603, 605, 610, 614, 616 – 620, 631, 652, 800 – 802, 836, 839, 840, 1098f), 1098g), 1098h) consist of emails and other communications between or among counsel for the university. University employees and physicians who hold an academic appointment granted by the university as explained below in [referenced paragraph] and their administrative staff for the purpose of legal advice being sought from and/or given by counsel.
  2. 2. Records #45 – 47, 49 – 52, 55 – 58, 61 – 64, 132 – 134, 136 – 138, 140 – 142, 151, 198 – 199, 201, 222, 229 – 230, 240, 251, 254, 895, 907, 908, 912, 917 – 919 consist of drafts and other related records drafted by counsel for the university.
  3. 3. Records #28 – 30, 33 – 34, 36, 169 – 170, 173 – 178, 180, 191, 194, 231 – 233, 235 – 236, 239, 241 – 242, 244 – 250, 257, 1003 – 1004, 1010, 1036, 1039, 1040, 1045, 1051, 1054, 1098c), 1098d), 1098i), 1098j) consist of emails or other communications including drafts prepared by university employees and/or physicians who hold an academic appointment granted by the university and their administrative staff, with regard to which legal advice is sought from counsel for the university.
  4. 4. Records #10, 18, 20, 23, 55, 120 – 121, 124 – 125, 127, 129 – 130, 135, 139, 144, 155 – 156, 162, 165 – 166, 172, 184 – 188, 190, 192 – 193, 195, 202 – 205, 208 – 211, 213, 216, 220 – 221, 223 – 228, 234, 237 – 238, 252 – 253, 255 – 256, 259 – 272, 273 – 274, 276 – 279, 282, 298, 300 – 302, 318, 320 – 321, 324, 327, 330, 337 – 338, 345, 357, 359, 369, 378 – 380, 397, 398 – 402, 409 – 410, 412 – 422, 425 – 428, 430 – 434, 436, 440 – 441, 448, 454, 456 – 458, 460 – 469, 470 – 473, 474 – 480, 485 – 492, 494 – 496, 500 – 503, 505, 507, 511 – 513, 517 – 520, 531 – 533, 536 – 537, 539, 542, 547 – 550, 563, 568 - 572, 579 – 582, 590, 592 – 593, 596 – 601, 606, 608 – 609, 615, 629 – 630, 632 – 634, 636 – 651, 653 – 658, 661, 663 – 666, 669 – 674, 676 – 680, 684 – 685, 687 – 689, 691 – 698, 701, 705 – 714, 804 – 808, 811, 814 – 815, 821, 825 – 828, 830 – 834, 837 – 838, 841, 849, 852 – 858, 860 – 864, 868 – 876, 879 – 881, 884 – 892, 897 – 906, 910 – 911, 913 – 916, 921 – 924, 931 – 936, 939 – 944, 946 – 947, 950, 954 – 960, 962, 964 – 967, 970, 972 – 977, 981 – 983, 985 – 986, 989 – 998, 1001 – 1002, 1005 – 1006, 1008 – 1009, 1011 – 1029, 1031 – 1033, 1035, 1037 – 1038, 1041 – 1043, 1046 – 1049, 1053, 1055 – 1057, 1059 – 1060, 1062 – 1080, 1084 – 1086, 1094 – 1097, 1098e), 1098m), 1099b), 1099c), 1099d), 1099f) and 1102 consist of emails or other communications that form part of the continuum of communications and that were exchanged for the purpose of keeping counsel of for the university, university employees and physicians who hold an academic appointment granted by the university and their administrative staff informed so that advice may be sought and given as required.

[74] The university further submits that litigation privilege applies to all records where section 19 was claimed as the appellant had retained her own counsel at the early stages prior to and during her academic appeal of her status in the medical residency program. The university states:

Once the appellant retained her own legal counsel and from that point forward, when counsel for the university appears on the records listed in [specified paragraph], the dominant purpose is that litigation was reasonably contemplated. In fact, in [specified date], the appellant filed an application against the university with the Ontario Human Rights Tribunal; in early [specified date], the appellant filed an application for judicial review in the Superior Court of Ontario of the university’s final decision in connection with her medical resident status; and in [specified date], the appellant is one among other plaintiffs who filed a Statement of Claim pleading broad claims against the university in connection with the university’s medical residency programs.

[75] The university notes that many records are marked privileged and confidential as evidence that the senders and recipients intended to keep the communications confidential.

[76] Lastly, the university indicates that it did not take any action which would constitute waiver of its privilege. The records have not been disclosed to outsiders either by counsel, the university, or university staff, nor has the university voluntary evinced an intention to waive its privilege.

[77] Based on my review of the records for which section 19 has been claimed, I find that the exemption applies. The records for which the university has claimed section 19 predominantly consist of email chains between staff at the university, hospital, and university counsel and/or outside counsel hired by the university. These emails relate to the appellant’s status as a resident at the hospital and student in the medical program at the university and the various issues and proceedings that arose during her residency. I find these email exchanges were confidential communications between the client (the university) and the solicitors, for the purpose of obtaining or providing legal advice and as such qualify as Branch 1 and 2 solicitor-client privilege. I further find that the university has not waived this privilege.

[78] I also find that some of the records were created for the dominant purpose of actual and reasonably contemplated litigation including the appellant’s OHRT hearing and the appellant’s court proceedings related to her status as a resident. I find that these records are exempt as litigation privileged under section 19.

[79] Accordingly, as I have found that section 19 applies, I uphold the university’s decision to withhold the records pursuant to section 49(a), subject to my findings on its exercise of discretion.

F. Was the institution’s exercise of discretion under section 49(a) and (b) proper in the circumstances?

[80] The sections 49(a) and (b) exemptions are discretionary, and permit an institution to disclose information, despite the fact that it could withhold it. An institution must exercise its discretion. On appeal, the Commissioner may determine whether the institution failed to do so.

[81] In addition, the Commissioner may find that the institution erred in exercising its discretion where, for example,

  • • it does so in bad faith or for an improper purpose
  • • it takes into account irrelevant considerations
  • • it fails to take into account relevant considerations.

[82] In either case this office may send the matter back to the institution for an exercise of discretion based on proper considerations.48 This office may not, however, substitute its own discretion for that of the institution.49

[83] The university submits that in exercising its discretion to apply the exemptions it considered:

  • • the purpose of the Act 
  • • whether the appellant was seeking her own personal information
  • • whether the appellant had a sympathetic or compelling need to receive the information
  • • whether disclosure would increase public confidence in the operation of the university.

[84] The university also states:

The university’s legal services provide legal advice on a wide variety of issues and of a diverse nature to the [university] on an on-going basis. It also manages the [university’s] relationship with external counsel retained on behalf of the university.

In examining the records at issue, all such records represent either a communication of a confidential nature between a solicitor and client for the purpose of providing advice, or the receipt of confidential information by a solicitor in order for the solicitor to formulate advice on an on-going legal matter. In this regard, the exchange of confidential communications between counsel for the university and university employees or physicians who hold academic appointments granted by the university represent a continuum of confidential and privileged communications.

[85] The university notes that, historically, it has never disclosed solicitor-client communications as these communications are privileged. The protection of these communications enhances the integrity of the university’s legal services and the privacy of individuals.

[86] The university also notes that the records contain the personal information of other individuals that was provided on a confidential basis which was balanced against the fact that the appellant did not indicate a sympathetic or compelling need for this information.

[87] In the circumstances, I find that the university properly considered the relevant factors and did not take into consideration irrelevant factors. I uphold the university’s exercise of discretion to withhold the records under sections 49(a) and (b).

G. Did the university conduct a reasonable search for records?

[88] Where a requester claims that additional records exist beyond those identified by the institution, the issue to be decided is whether the institution has conducted a reasonable search for records as required by section 24.50 If I am satisfied that the search carried out was reasonable in the circumstances, I will uphold the institution’s decision. If I am not satisfied, I may order further searches.

[89] The Act  does not require the institution to prove with absolute certainty that further records do not exist. However, the institution must provide sufficient evidence to show that it has made a reasonable effort to identify and locate responsive records.51 To be responsive, a record must be reasonably related to the request.52

[90] A reasonable search is one in which an experienced employee knowledgeable in the subject matter of the request expends a reasonable effort to locate records which are reasonably related to the request.53

[91] A further search will be ordered if the institution does not provide sufficient evidence to demonstrate that it has made a reasonable effort to identify and locate all of the responsive records within its custody or control.54

[92] Although a requester will rarely be in a position to indicate precisely which records the institution has not identified, the requester still must provide a reasonable basis for concluding that such records exist.55

[93] The university was asked to provide a written summary of the steps taken in response to the request and to address whether clarification was sought from the appellant regarding her request.

[94] The university submits that the scope of the appellant’s request was clear and there was no need to seek the appellant’s clarification. Furthermore, the university’s search for responsive records was conducted by the following individuals:

  • • Coordinator of Academic Affairs and Academic Labour Relations, Human Resources
  • • Special assistant to the President
  • • Vice-President, Governance, Office of the President
  • • Administrative Assistant to Vice-President, Governance, Office of the President
  • • Dean of Faculty of Medicine
  • • Acting Vice-President of the Office of the Resources
  • • Executive Legal Assistant of Legal Services
  • • Manager, Postgraduate Medical Education, Faculty of Medicine
  • • Associate Dean, Postgraduate Medical, Faculty of Medicine

[95] The university also provided an affidavit from the Administrative Assistant for the Access to Information and Privacy Office. She attached to her affidavit the search forms completed by the various individuals listed above. The search forms indicate the subject, locations, records and amount of search time.

[96] As stated above, the appellant did not provide representations and it is not evident to me based on my review of the file whether the appellant had a reasonable basis for her view that additional responsive records should exist. I find the appellant’s request to be clear and provided sufficient detail so that clarification by the university was unnecessary. I further find the university’s search for records to be reasonable in the circumstances, with the exception of my discussion above on the custody and control of some of the records. Accordingly, I uphold the university’s search for responsive records and find it to be reasonable.

ORDER:

  1. 1. I uphold the university’s decision to withhold the records under sections 49(a) and (b).
  2. 2. I uphold the university’s search for records as reasonable and dismiss the appeal.
  3. 3. I order the university to request that the two named physicians search for and provide it with any records relating to the appellant’s academic performance in the university’s postgraduate medical training program. The university is to conduct this search within the time period specified in section 26  of the Act , treating the date of this order as the date of the request and without recourse to a time extension under section 27  of the Act .
  4. 4. I order the university to provide a decision letter to the appellant regarding the results of this search in accordance with the provisions of the Act .
  5. 5. I uphold the university’s decision that it does not have custody or control over the records relating to the specified hospital employee.

Original Signed by:

Stephanie Haly

Adjudicator

December 19, 2013

APPENDIX

INDEX OF RECORDS

APPEAL PA11-166

Number

Date

Description

Exemption/Exclusion claimed

Finding

10

01/11/2005

Emails

49(a),19(Partial disclosure)

Uphold

18

02/03/2006

Emails

49(a),19(Partial disclosure)

Uphold

20

06/03/2006

Emails

49(a),19(Partial Disclosure)

Uphold

21

06/03/2006

Memorandum to counsel

49(a), 19

Uphold

23

10/03/2006

Email

49(a), 19

Uphold

24

12/03/2006

Email

49(a), 19

Uphold

25

12/03/2006

Emails

49(a), 19

Uphold

26

12/03/2006

Email

49(a), 19

Uphold

27

12/03/2006

Email

49(a), 19

Uphold

28

17/03/2006

Email

49(a), 19

Uphold

29

18/03/2006

Email

49(a), 19

Uphold

30

20/03/2006

Email and attachment

49(a), 19

Uphold

33

22/03/2006

Email and attachment

49(a), 19

Uphold

34

22/03/2006

Email

49(a), 19

Uphold

36

23/03/2006

Email

49(a), 19

Uphold

39

12/02/2007

Email

49(b), 21(1) (Partial disclosure)

Uphold

45

22/11/2007

Email

49(a), 19

Uphold

46

22/11/2007

Email

49(a), 19

Uphold

47

22/11/2007

Email

49(a), 19

Uphold

49

23/11/2007

Email

49(a), 19

Uphold

50

24/11/2007

Email

49(a), 19

Uphold

51

26/11/2007

Email

49(a), 19

Uphold

52

26/11/2007

Email

49(a), 19

Uphold

54

27/11/2007

Email

49(a), 19

Uphold

55

28/11/2007

Email and attachment

49(a), 19

Uphold

56

30/11/2007

Email

49(a), 19

Uphold

57

30/11/2007

Email

49(a), 19

Uphold

58

03/12/2007

Email

49(a), 19

Uphold

59

04/12/2007

Email

49(a), 19

Uphold

61

21/12/2007

Email

49(a), 19

Uphold

62

03/01/2008

Email

49(a), 19

Uphold

63

04/01/2008

Email

49(a), 19

Uphold

64

04/01/2008

Email

49(a), 19

Uphold

68

27/03/2008

Email

49(b), 21(1)

Uphold

71

15/05/2008

Email

49(b), 21(1)(Partial disclosure)

Uphold

74

02/06/2008

Email and attachment

49(b), 21(1)(Partial disclosure)

Uphold

75

02/06/2008

Email

49(b), 21(1)(Partial disclosure)

Uphold

76

03/06/2008

Email

49(b), 21(1)(Partial disclosure)

Uphold

77

04/06/2008

Email

49(b), 21(1)(Partial disclosure)

Uphold

87

28/08/2008

Email

49(b), 21(1)(Partial disclosure)

Uphold

91

01/10/2008

Email

49(b), 21(1)(Partial disclosure)

Uphold

92

01/10/2008

Email

49(b), 21(1)(Partial disclosure)

Uphold

97

09/10/2008

Email

49(b), 21(1)(Partial disclosure)

Uphold

98

14/10/2008

Email

49(b), 21(1)(Partial disclosure)

Uphold

109

24/11/2008

Email

49(b), 21(1)

Uphold

110

05/12/2008

Email

49(b), 21(1)(Partial disclosure)

Uphold

120

04/03/2009

Handwritten note

49(a), 19

Uphold

121

05/03/2009

Email and attachment

49(a), 19

Uphold

122

05/03/2009

Email

49(a), 19

Uphold

123

06/03/2009

Email

49(a), 19

Uphold

124

06/03/2009

Email

49(a), 19

Uphold

125

06/03/2009

Handwritten note

49(a), 19

Uphold

126

09/03/2009

Email and attachment

49(a), 19

Uphold

127

11/03/2009

Fax

49(a), 19

Uphold

128

13/03/2009

Email

49(a), 19

Uphold

129

13/03/2009

Fax

49(a), 19

Uphold

130

13/03/2009

Email

49(a), 19

Uphold

131

16/03/2009

Email

49(a), 19

Uphold

132

23/03/2009

Email and attachment

49(a), 19

Uphold

133

23/03/2009

Email and attachment

49(a), 19

Uphold

134

24/03/2009

Email

49(a), 19

Uphold

135

24/03/2009

Email

49(a), 19

Uphold

136

25/03/2009

Email

49(a), 19

Uphold

137

25/03/2009

Email and attachment

49(a), 19

Uphold

138

30/03/2009

Email

49(a), 19

Uphold

139

01/04/2009

Email

49(a), 19

Uphold

140

01/04/2009

Email and attachment

49(a), 19

Uphold

141

03/04/2009

Email and attachment

49(a), 19

Uphold

142

03/04/2009

Email and attachment

49(a), 19

Uphold

144

06/04/2009

Email

49(b), 21(1)

Uphold

145

06/04/2009

Email

49(a), 19

Uphold

151

07/04/2009

Email

49(a), 19

Uphold

155

08/04/2009

Email

49(a), 19

Uphold

156

08/04/2009

Email

49(a), 19

Uphold

162

09/04/2009

Email and attachment

49(a), 19

Uphold

165

09/04/2009

Fax

49(a), 19

Uphold

166

09/04/2009

Email and attachment

49(a), 19

Uphold

169

14/04/2009

Email and attachment

49(a), 19

Uphold

170

14/04/2009

Email and attachment

49(a), 19

Uphold

171

14/04/2009

Email

49(a), 19

Uphold

172

15/04/2009

Email

49(a), 19

Uphold

173

15/04/2009

Email

49(a), 19

Uphold

174

15/04/2009

Email

49(a), 19

Uphold

175

15/04/2009

Email and attachment

49(a), 19

Uphold

176

15/04/2009

Email and attachment

49(a), 19

Uphold

177

15/04/2009

Email and attachment

49(a), 19

Uphold

178

15/04/2009

Email

49(a), 19

Uphold

180

15/04/2009

Email

49(a), 19, 49(b), 21(1)

Uphold

184

20/04/2009

Email and attachment

49(a), 19

Uphold

185

20/04/2009

Email

49(a), 19

Uphold

186

20/04/2009

Email

49(a), 19

Uphold

187

20/04/2009

Fax

49(a), 19

Uphold

188

20/04/2009

Email

49(a), 19

Uphold

190

23/04/2009

Email

49(a), 19

Uphold

191

23/04/2009

Email

49(a), 19

Uphold

192

23/04/2009

Email

49(a), 19

Uphold

193

27/04/2009

Email and attachment

49(a), 19

Uphold

194

27/04/2009

Email

49(a), 19

Uphold

195

27/04/2009

Fax

49(a), 19

Uphold

198

28/04/2009

Email

49(a), 19

Uphold

199

28/04/2009

Email

49(a), 19

Uphold

201

29/04/2009

Email

49(a), 19

Uphold

202

30/04/2009

Fax

49(a), 19

Uphold

203

30/04/2009

Email

49(a), 19

Uphold

204

30/04/2009

Email

49(a), 19

Uphold

205

30/04/2009

Email

49(a), 19

Uphold

207

01/05/2009

Email and attachment

21(1)(Partial disclosure)

Uphold

208

01/05/2009

Email

49(a), 19

Uphold

209

04/05/2009

Fax

49(a), 19

Uphold

210

05/05/2009

Email and attachment

49(a), 19

Uphold

211

05/05/2009

Email

49(a), 19

Uphold

213

06/05/2009

Email and attachment

49(a), 19

Uphold

216

08/05/2009

Fax

49(a), 19

Uphold

220

19/05/2009

Email and attachment

49(a), 19

Uphold

221

19/05/2009

Email and attachment

49(a), 19

Uphold

222

20/05/2009

Email and attachment

49(a), 19

Uphold

223

21/05/2009

Email

49(a), 19

Uphold

224

21/05/2009

Email

49(a), 19

Uphold

225

22/05/2009

Email

49(a), 19

Uphold

226

25/05/2009

Fax

49(a), 19

Uphold

227

25/05/2009

Email and attachment

49(a), 19

Uphold

228

25/05/2009

Email

49(a), 19

Uphold

229

26/05/2009

Email and attachment

49(a), 19

Uphold

230

26/05/2009

Email and attachment

49(a), 19

Uphold

231

26/05/2009

Email

49(a), 19

Uphold

232

26/05/2009

Email

49(a), 19

Uphold

233

27/05/2009

Email

49(a), 19

Uphold

234

27/05/2009

Email

49(a), 19

Uphold

235

28/05/2009

Email

49(a), 19

Uphold

236

28/05/2009

Email

49(a), 19

Uphold

237

28/05/2009

Email

49(a), 19

Uphold

238

28/05/2009

Email and attachment

49(a), 19

Uphold

239

28/05/2009

Email

49(a), 19

Uphold

240

28/05/2009

Email and attachment

49(a), 19

Uphold

241

28/05/2009

Email

49(a), 19

Uphold

242

28/05/2009

Email

49(a), 19

Uphold

244

29/05/2009

Email

49(a), 19

Uphold

245

29/05/2009

Email

49(a), 19

Uphold

246

29/05/2009

Email

49(a), 19

Uphold

247

29/05/2009

Email

49(a), 19

Uphold

248

29/05/2009

Email

49(a), 19

Uphold

249

29/05/2009

Email

49(a), 19

Uphold

250

29/05/2009

Email and attachment

49(a), 19

Uphold

251

29/05/2009

Email and attachment

49(a), 19

Uphold

252

30/05/2009

Email

49(a), 19

Uphold

253

30/05/2009

Email

49(a), 19

Uphold

254

01/06/2009

Email and attachment

49(a), 19

Uphold

255

02/06/2009

Email and attachment

49(a), 19

Uphold

256

02/06/2009

Email

49(a), 19

Uphold

257

02/06/2009

Email

49(a), 19

Uphold

258

02/06/2009

Email

49(a), 19

Uphold

259

02/06/2009

Email

49(a), 19

Uphold

260

03/06/2009

Email

49(a), 19

Uphold

261

03/06/2009

Email

49(a), 19

Uphold

262

03/06/2009

Email and attachment

49(a), 19

Uphold

263

03/06/2009

Email

49(a), 19

Uphold

264

03/06/2009

Email and attachment

49(a), 19

Uphold

265

03/06/2009

Email

49(a), 19

Uphold

266

04/06/2009

Email

49(a), 19

Uphold

267

04/06/2009

Email

49(a), 19

Uphold

268

04/06/2009

Email

49(a), 19

Uphold

269

04/06/2009

Email

49(a), 19

Uphold

270

08/06/2009

Email

49(a), 19

Uphold

271

08/06/2009

Email and attachment

49(a), 19

Uphold

272

08/06/2009

Email and attachment

49(a), 19

Uphold

273

09/06/2009

Email

49(a), 19

Uphold

274

09/06/2009

Email

49(a), 19

Uphold

275

09/06/2009

Email

49(a), 19

Uphold

276

10/06/2009

Email

49(a), 19

Uphold

277

10/06/2009

Email and attachment

49(a), 19

Uphold

278

10/06/2009

Email

49(a), 19

Uphold

279

11/06/2009

Email and attachment

49(a), 19

Uphold

280

12/06/2009

Email

49(a), 19

Uphold

281

15/06/2009

Email

49(a), 19

Uphold

282

16/06/2009

Email

49(a), 19

Uphold

283

16/06/2009

Email

49(a), 19

Uphold

284

16/06/2009

Email

49(a), 19

Uphold

285

16/06/2009

Email

49(a), 19

Uphold

286

16/06/2009

Email

49(a), 19

Uphold

287

16/06/2009

Email

49(a), 19

Uphold

288

16/06/2009

Email

49(a), 19

Uphold

289

16/06/2009

Email

49(a), 19

Uphold

290

16/06/2009

Email

49(a), 19

Uphold

291

16/06/2009

Email

49(a), 19

Uphold

292

16/06/2009

Email

49(a), 19

Uphold

293

22/06/2009

Email and attachment

49(a), 19

Uphold

294

24/06/2009

Email and attachment

49(a), 19

Uphold

295

24/06/2009

Email and attachment

49(a), 19

Uphold

296

24/06/2009

Email

49(a), 19

Uphold

297

24/06/2009

Email

49(a), 19

Uphold

298

25/06/2009

Email

49(a), 19

Uphold

299

25/06/2009

Email

49(a), 19

Uphold

300

25/06/2009

Email and attachment

49(a), 19

Uphold

301

25/06/2009

Email

49(a), 19

Uphold

302

26/06/2009

Email

49(a), 19

Uphold

303

29/06/2009

Email and attachment

49(a), 19

Uphold

305

29/06/2009

Email and attachment

49(a), 19

Uphold

307

29/06/2009

Email

21(1)(Partial disclosure)

Uphold

310

29/06/2009

Email

49(a), 19

Uphold

312

29/06/2009

Email and attachment

49(a), 19

Uphold

313

30/06/2009

Email and attachment

49(a), 19

Uphold

314

30/06/2009

Email and attachment

49(a), 19

Uphold

315

30/06/2009

Email

49(a), 19

Uphold

316

30/06/2009

Email

49(a), 19

Uphold

317

30/06/2009

Email

49(a), 19

Uphold

318

30/06/2009

Email and attachment

49(a), 19

Uphold

319

30/06/2009

Email

49(a), 19

Uphold

320

30/06/2009

Email

49(a), 19

Uphold

321

30/06/2009

Email

49(a), 19

Uphold

324

02/07/2009

Email

49(a), 19

Uphold

326

05/07/2009

Email

49(a), 19

Uphold

327

06/07/2009

Faxed letter

49(a), 19

Uphold

329

10/07/2009

Email

49(a), 19

Uphold

330

10/07/2009

Faxed letter

49(a), 19

Uphold

331

13/07/2009

Email

49(a), 19

Uphold

332

13/07/2009

Email and attachment

49(a), 19

Uphold

333

13/07/2009

Email

49(a), 19

Uphold

334

13/07/2009

Email

49(a), 19

Uphold

335

13/07/2009

Email and attachment

49(a), 19

Uphold

336

13/07/2009

Email

49(a), 19

Uphold

337

22/07/2009

Email and attachment

49(a), 19

Uphold

338

22/07/2009

Email and attachment

49(a), 19

Uphold

339

22/07/2009

Email and attachment

49(a), 19

Uphold

340

22/07/2009

Email and attachment

49(a), 19

Uphold

341

22/07/2009

Email and attachment

49(a), 19

Uphold

342

22/07/2009

Email

49(a), 19

Uphold

343

22/07/2009

Email

49(a), 19

Uphold

344

22/07/2009

Email

49(a), 19

Uphold

345

24/07/2009

Fax

49(a), 19

Uphold

347

26/07/2009

Email and attachment

49(a), 19

Uphold

348

26/07/2009

Email and attachment

49(a), 19, 49(b)

Uphold

349

27/07/2009

Email

49(a), 19

Uphold

350

27/07/2009

Email

49(a), 19

Uphold

351

27/07/2009

Email

49(a), 19

Uphold

352

27/07/2009

Email

49(a), 19

Uphold

353

27/07/2009

Email

49(a), 19

Uphold

354

27/07/2009

Email

49(a), 19

Uphold

355

27/07/2009

Email

49(a), 19

Uphold

356

28/07/2009

Email

49(a), 19

Uphold

357

29/07/2009

Email

49(a), 19

Uphold

358

29/07/2009

Email

49(a), 19

Uphold

359

04/08/2009

Email and attachment

49(a), 19

Uphold

360

05/08/2009

Email

49(a), 19

Uphold

361

05/08/2009

Email

49(a), 19

Uphold

362

05/08/2009

Email

49(a), 19

Uphold

363

06/08/2009

Email

49(a), 19

Uphold

364

10/08/2009

Email

49(a), 19

Uphold

365

10/08/2009

Email

49(a), 19

Uphold

366

11/08/2009

Email

49(a), 19

Uphold

367

11/08/2009

Email and attachment

49(a), 19

Uphold

368

11/08/2009

Email

49(a), 19

Uphold

369

12/08/2009

Email and attachment

49(a), 19

Uphold

378

26/08/2009

Faxed letter

49(a), 19

Uphold

379

08/09/2009

Email

49(a), 19

Uphold

380

08/09/2009

Email

49(a), 19

Uphold

392

26/10/2009

Email and attachment

49(a), 19

Uphold

393

28/10/2009

Email

49(a), 19

Uphold

394

28/10/2009

Email

49(a), 19

Uphold

395

29/10/2009

Email

49(a), 19

Uphold

396

29/10/2009

Email and attachment

49(a), 19

Uphold

397

29/10/2009

Email

49(a), 19, 49(b), 21(1)

Uphold

398

29/10/2009

Email

49(a), 19, 49(b), 21(1)

Uphold

399

29/10/2009

Email

49(a), 19, 49(b), 21(1)

Uphold

400

29/10/2009

Email

49(a), 19

Uphold

401

30/10/2009

Email

49(a), 19

Uphold

402

30/10/2009

Email

49(a), 19. 49(b)

Uphold

403

02/11/2009

Email

49(a), 19

Uphold

404

02/11/2009

Email

49(a), 19

Uphold

405

02/11/2009

Email

49(a), 19

Uphold

406

02/11/2009

Email

49(a), 19

Uphold

407

02/11/2009

Email

49(a), 19

Uphold

409

03/11/2009

Email and attachment

49(a), 19

Uphold

410

03/11/2009

Email

49(a), 19

Uphold

412

05/11/2009

Email

49(a), 19

Uphold

413

05/11/2009

Email

49(a), 19

Uphold

414

05/11/2009

Email

49(a), 19

Uphold

415

05/11/2009

Email

49(a), 19

Uphold

416

05/11/2009

Faxed letter

49(a), 19

Uphold

417

06/11/2009

Email and attachment

49(a), 19

Uphold

418

06/11/2009

Email

49(a), 19

Uphold

419

06/11/2009

Email

49(a), 19

Uphold

420

09/11/2009

Email and attachment

49(a), 19

Uphold

421

09/11/2009

Email

49(a), 19

Uphold

422

09/11/2009

Email and attachment

49(a), 19

Uphold

425

18/11/2009

Email

49(a), 19, 49(b), 21(1)

Uphold

426

18/11/2009

Email

49(a), 19, 49(b), 21(1)

Uphold

427

18/11/2009

Email

49(a), 19, 49(b), 21(1)

Uphold

428

19/11/2009

Email

49(a), 19, 49(b), 21(1)

Uphold

430

19/11/2009

Email

49(a), 19, 49(b), 21(1)

Uphold

431

20/11/2009

Email

49(a), 19, 49(b), 21(1)

Uphold

432

24/11/2009

Email

49(a), 19, 49(b), 21(1)

Uphold

433

24/11/2009

Email

49(a), 19

Uphold

434

24/11/2009

Email

49(a), 19

Uphold

436

25/11/2009

Email

49(a), 19

Uphold

440

15/11/2009

Email and attachment

49(a), 19

Uphold

441

15/12/2009

Email

49(a), 19, 49(b)

Uphold

442

18/12/2009

Email

49(a), 19

Uphold

443

18/12/2009

Email

49(a), 19

Uphold

448

07/01/2010

Email and attachment

49(a), 19

Uphold

454

13/01/2010

Email

49(a), 19, 49(b)

Uphold

456

13/01/2010

Email

49(a), 19, 49(b)

Uphold

457

13/01/2010

Email

49(a), 19, 49(b)

Uphold

458

13/01/2010

Email

49(a), 19, 49(b)

Uphold

460

14/01/2010

Email

49(a), 19

Uphold

461

14/01/2010

Email

49(a), 19, 49(b)

Uphold

462

14/01/2010

Email

49(a), 19

Uphold

463

14/01/2010

Email

49(a), 19, 49(b)

Uphold

464

14/01/2010

Email

49(a), 19

Uphold

465

14/01/2010

Email

49(a), 19

Uphold

466

14/01/2010

Email

49(a), 19

Uphold

467

14/01/2010

Email

49(a), 19

Uphold

468

14/01/2010

Email

49(a), 19

Uphold

469

14/01/2010

Email

49(a), 19

Uphold

470

14/01/2010

Email

49(a), 19

Uphold

471

14/01/2010

Email

49(a), 19

Uphold

472

14/01/2010

Email

49(a), 19

Uphold

473

14/01/2010

Email

49(a), 19

Uphold

474

14/01/2010

Email

49(a), 19

Uphold

475

14/01/2010

Email

49(a), 19

Uphold

476

14/01/2010

Email

49(a), 19

Uphold

477

14/01/2010

Email

49(a), 19

Uphold

478

14/01/2010

Email

49(a), 19

Uphold

479

14/01/2010

Email

49(a), 19

Uphold

480

14/01/2010

Email

49(a), 19

Uphold

485

18/01/2010

Email

49(a), 19

Uphold

486

18/01/2010

Email

49(a), 19

Uphold

487

18/01/2010

Email

49(a), 19

Uphold

488

20/01/2010

Email

49(a), 19

Uphold

489

20/01/2010

Email

49(a), 19

Uphold

490

20/01/2010

Email

49(a), 19

Uphold

491

22/01/2010

Email

49(a), 19

Uphold

492

22/01/2010

Email

49(a), 19

Uphold

494

29/01/2010

Email

49(a), 19

Uphold

495

05/20/2010

Email

49(a), 19

Uphold

496

05/20/2010

Email

49(a), 19

Uphold

497

08/02/2010

Email

49(b), 21(1)(Partial disclosure)

Uphold

500

17/02/2010

Email

49(a), 19

Uphold

501

08/02/2010

Email

49(a), 19

Uphold

502

19/02/2010

Email

49(a), 19

Uphold

503

19/02/2010

Email

49(a), 19

Uphold

504

19/02/2010

Email

49(b), 21(1)(Partial disclosure)

Uphold

505

19/02/2010

Email and attachment

49(a), 19

Uphold

506

22/02/2010

Email

21(1)(Partial disclosure)

Uphold

507

23/02/2010

Email

49(a), 19

Uphold

508

23/02/2010

Email

49(a), 19, 49(b)

Uphold

509

24/02/2010

Email

49(a), 19

Uphold

510

25/02/2010

Email

49(a), 19

Uphold

511

25/02/2010

Email

49(a), 19, 49(b)

Uphold

512

25/02/2010

Email

49(a), 19, 49(b)

Uphold

513

25/02/2010

Email

49(a), 19, 49(b)

Uphold

514

25/02/2010

Email

49(a), 19

Uphold

515

26/02/2010

Email

49(a), 19

Uphold

517

08/03/2010

Email and attachment

49(a), 19

Uphold

518

09/03/2010

Email and attachment

49(a), 19

Uphold

519

10/03/2010

Email

49(a), 19

Uphold

520

10/03/2010

Email

49(a), 19

Uphold

523

18/03/2010

Email

49(a), 19, 49(b)

Uphold

524

18/03/2010

Email

49(a), 19, 49(b)

Uphold

525

18/03/2010

Email

49(a), 19, 49(b)

Uphold

527

18/03/2010

Email

49(a), 19, 49(b)

Uphold

530

18/03/2010

Email

49(a), 19

Uphold

531

18/03/2010

Email

49(a), 19

Uphold

532

18/03/2010

Email

49(a), 19

Uphold

533

19/03/2010

Email

49(a), 19

Uphold

536

19/03/2010

Email

49(a), 19

Uphold

537

22/03/2010

Email

49(a), 19

Uphold

539

22/03/2010

Email and attachment

49(a), 19

Uphold

542

25/03/2010

Email and attachment

49(a), 19

Uphold

545

26/03/2010

Email

49(a), 19, 49(b)

Uphold

546

26/03/2010

Email

49(a), 19, 49(b)

Uphold

547

26/03/2010

Email and attachment

49(a), 19

Uphold

548

29/03/2010

Email

49(a), 19

Uphold

549

29/03/2010

Email

49(a), 19

Uphold

550

29/03/2010

Email

49(a), 19

Uphold

554

31/03/2010

Email

49(a), 19

Uphold

555

31/03/2010

Email

49(a), 19, 49(b)

Uphold

557

01/04/2010

Email

49(a), 19, 49(b)

Uphold

558

01/04/2010

Email

49(a), 19, 49(b)

Uphold

559

01/04/2010

Email

49(a), 19

Uphold

560

01/04/2010

Email

49(a), 19

Uphold

561

01/04/2010

Email

49(a), 19

Uphold

562

01/04/2010

Email

49(a), 19

Uphold

563

01/04/2010

Email

49(a), 19

Uphold

565

07/04/2010

Handwritten notes

Claim of 18.1 dropped

Disclose

568

13/04/2010

Email

49(a), 19

Uphold

569

13/04/2010

Email

49(a), 19

Uphold

570

13/04/2010

Email

49(a), 19

Uphold

571

13/04/2010

Email

49(a), 19

Uphold

572

15/04/2010

Email

49(a), 19

Uphold

573

15/04/2010

Email and attachment

49(a), 19

Uphold

574

15/04/2010

Email

49(a), 19

Uphold

577

22/04/2010

Email and attachment

49(a), 19

Uphold

578

22/04/2010

Email and attachment

49(a), 19

Uphold

579

22/04/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

580

22/04/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

581

22/04/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

582

22/04/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

583

24/04/2010

Email and attachment

49(a), 19

Uphold

584

26/04/2010

Email

49(a), 19

Uphold

585

26/04/2010

Email and attachment

49(a), 19

Uphold

588

27/04/2010

Email and attachment

49(a), 19

Uphold

590

29/04/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

592

03/05/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

593

03/05/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

596

04/05/2010

Email and attachment

49(a), 19

Uphold

597

04/05/2010

Email

49(a), 19

Uphold

598

04/05/2010

Email

49(a), 19

Uphold

599

04/05/2010

Email

49(a), 19

Uphold

600

04/05/2010

Email and attachment

49(a), 19

Uphold

601

04/05/2010

Email

49(a), 19

Uphold

603

06/05/2010

Email

49(a), 19

Uphold

604

06/05/2010

Email

49(a), 19

Uphold

605

06/05/2010

Email

49(a), 19

Uphold

606

07/05/2010

Email

49(a), 19

Uphold

608

10/05/2010

Email

49(a), 19

Uphold

609

10/05/2010

Email

49(a), 19

Uphold

610

10/05/2010

Email

49(a), 19

Uphold

614

12/05/2010

Email

49(a), 19

Uphold

615

12/05/2010

Email

49(a), 19, 49(b)

Uphold

616

12/05/2010

Email

49(a), 19

Uphold

617

13/05/2010

Email

49(a), 19

Uphold

618

13/05/2010

Email

49(a), 19

Uphold

619

13/05/2010

Email

49(a), 19

Uphold

620

13/05/2010

Email

49(a), 19

Uphold

627

20/05/2010

Email

49(a), 19, NR

Uphold

629

20/05/2010

Email and attachment

49(a), 19

Uphold

630

21/05/2010

Email

49(a), 19

Uphold

631

22/05/2010

Email

49(a), 19

Uphold

632

22/05/2010

Email

49(a), 19

Uphold

633

25/05/2010

Email

49(a), 19

Uphold

634

25/05/2010

Email

49(a), 19

Uphold

636

25/05/2010

Email

49(a), 19

Uphold

637

25/05/2010

Email

49(a), 19

Uphold

638

25/05/2010

Email

49(a), 19

Uphold

639

26/05/2010

Email

49(a), 19

Uphold

640

26/05/2010

Email

49(a), 19

Uphold

641

26/05/2010

Email

49(a), 19

Uphold

642

26/05/2010

Email

49(a), 19

Uphold

643

26/05/2010

Email

49(a), 19

Uphold

644

26/05/2010

Email

49(a), 19

Uphold

645

26/05/2010

Email

49(a), 19

Uphold

646

26/05/2010

Email

49(a), 19

Uphold

647

26/05/2010

Email

49(a), 19

Uphold

648

26/05/2010

Email

49(a), 19

Uphold

649

26/05/2010

Email

49(a), 19

Uphold

650

26/05/2010

Email

49(a), 19

Uphold

651

26/05/2010

Email

49(a), 19

Uphold

652

26/05/2010

Email

49(a), 19

Uphold

653

26/05/2010

Email

49(a), 19

Uphold

654

26/05/2010

Email

49(a), 19

Uphold

655

26/05/2010

Email

49(a), 19

Uphold

656

27/05/2010

Email

49(a), 19

Uphold

658

28/05/2010

Email

49(a), 19

Uphold

659

28/05/2010

Email

49(b), 21(1)(Partial disclosure)

Uphold

661

28/05/2010

Email

49(a), 19

Uphold

663

01/06/2010

Email

49(a), 19

Uphold

664

01/06/2010

Email

49(a), 19

Uphold

665

01/06/2010

Email

49(a), 19

Uphold

666

01/06/2010

Email

49(a), 19

Uphold

669

02/06/2010

Email

49(a), 19

Uphold

670

02/06/2010

Email

49(a), 19

Uphold

671

02/06/2010

Email

49(a), 19

Uphold

672

02/06/2010

Email

49(a), 19

Uphold

673

02/06/2010

Email

49(a), 19

Uphold

674

02/06/2010

Email

49(a), 19

Uphold

676

02/06/2010

Email

49(a), 19

Uphold

677

03/06/2010

Email

49(a), 19

Uphold

678

03/06/2010

Email

49(a), 19

Uphold

679

03/06/2010

Email

49(a), 19

Uphold

680

04/06/2010

Email

49(a), 19

Uphold

682

04/06/2010

Email

NR(Partial disclosure)

Uphold

683

04/06/2010

Email

NR(Partial disclosure)

Uphold

684

04/06/2010

Email

49(a), 19

Uphold

685

04/06/2010

Email

49(a), 19

Uphold

687

04/06/2010

Email

49(a), 19

Uphold

688

05/06/2010

Email

49(a), 19

Uphold

689

05/06/2010

Email

49(a), 19

Uphold

691

07/06/2010

Email

49(a), 19

Uphold

692

08/06/2010

Email

49(a), 19

Uphold

693

08/06/2010

Email

49(a), 19

Uphold

694

08/06/2010

Email

49(a), 19

Uphold

695

08/06/2010

Email

49(a), 19

Uphold

696

08/06/2010

Email

49(a), 19

Uphold

697

09/06/2010

Email

49(a), 19

Uphold

698

09/06/2010

Email

19(Partial disclosure)

Uphold

701

10/06/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

702

10/06/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

703

10/06/2010

Email

49(a), 19

Uphold

704

10/06/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

705

10/06/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

706

10/06/2010

Email

49(a), 19

Uphold

707

10/06/2010

Email

49(a), 19

Uphold

708

10/06/2010

Email

49(a), 19

Uphold

709

10/06/2010

Email

49(a), 19

Uphold

710

10/06/2010

Email

49(a), 19

Uphold

711

10/06/2010

Email

49(a), 19

Uphold

712

10/06/2010

Email and attachment

49(a), 19

Uphold

713

11/06/2010

Email and attachment

49(a), 19

Uphold

714

11/06/2010

Email and attachment

49(a), 19

Uphold

715

11/06/2010

Email

49(a), 19

Uphold

716

11/06/2010

Email

49(a), 19

Uphold

718

14/06/2010

Email

49(a), 19

Uphold

719

14/06/2010

Email

49(a), 19

Uphold

720

14/06/2010

Email

49(a), 19

Uphold

721

14/06/2010

Email and attachment

49(a), 19

Uphold

722

14/06/2010

Email

49(a), 19

Uphold

723

14/06/2010

Email

49(a), 19

Uphold

725

14/06/2010

Email and attachment

49(a), 19

Uphold

726

14/06/2010

Email

49(a), 19

Uphold

727

14/06/2010

Email

49(a), 19

Uphold

728

14/06/2010

Email

49(a), 19

Uphold

729

14/06/2010

Email

49(a), 19

Uphold

730

14/06/2010

Email

49(a), 19

Uphold

731

14/06/2010

Email

49(a), 19

Uphold

732

14/06/2010

Email

49(a), 19

Uphold

733

14/06/2010

Email

49(a), 19

Uphold

734

14/06/2010

Email

49(a), 19

Uphold

735

15/06/2010

Email

49(a), 19

Uphold

736

15/06/2010

Email

49(a), 19

Uphold

741

15/06/2010

Email

49(a), 19

Uphold

744

16/06/2010

Email

49(a), 19

Uphold

745

16/06/2010

Email

49(a), 19

Uphold

746

16/06/2010

Email

49(a), 19

Uphold

753

17/06/2010

Email

NR(Partial disclosure)

Uphold

754

17/06/2010

Email

49(a), 19

Uphold

755

18/06/2010

Email

49(a), 19

Uphold

756

18/06/2010

Email

49(a), 19

Uphold

757

18/06/2010

Email

49(a), 19

Uphold

759

18/06/2010

Email

49(a), 19

Uphold

760

18/06/2010

Email

49(a), 19

Uphold

762

22/06/2010

Email

49(a), 19

Uphold

763

22/06/2010

Email

49(a), 19

Uphold

764

22/06/2010

Email

49(a), 19

Uphold

765

22/06/2010

Email

49(a), 19

Uphold

766

22/06/2010

Email

49(a), 19

Uphold

767

22/06/2010

Email

49(a), 19

Uphold

768

22/06/2010

Email

49(a), 19

Uphold

769

22/06/2010

Email

49(a), 19

Uphold

770

22/06/2010

Email

49(a), 19

Uphold

771

22/06/2010

Email

49(a), 19

Uphold

772

22/06/2010

Email

49(a), 19

Uphold

773

22/06/2010

Email

49(a), 19

Uphold

774

22/06/2010

Email

49(a), 19

Uphold

778

23/06/2010

Letter

49(a), 19

Uphold

779

23/06/2010

Email

49(a), 19

Uphold

780

23/06/2010

Email

49(a), 19

Uphold

782

25/06/2010

Email

49(b), 21(1)(Partial disclosure)

Uphold

783

25/06/2010

Email

49(a), 19

Uphold

784

25/06/2010

Email

49(a), 19

Uphold

785

25/06/2010

Email

49(a), 19, 49(b)

Uphold

786

25/06/2010

Email

49(a), 19

Uphold

788

25/06/2010

Email

49(a), 19

Uphold

790

26/06/2010

Email

49(a), 19

Uphold

791

26/06/2010

Email

49(a), 19

Uphold

792

28/06/2010

Email

49(a), 19

Uphold

795

28/06/2010

Email

49(a), 19

Uphold

796

28/06/2010

Email

49(a), 19

Uphold

799

30/06/2010

Email

49(a), 19

Uphold

800

30/06/2010

Email

49(a), 19

Uphold

801

30/06/2010

Email and attachment

49(a), 19

Uphold

802

30/06/2010

Email

49(a), 19

Uphold

804

02/07/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

805

02/07/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

806

02/07/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

807

02/07/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

808

02/07/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

811

05/07/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

814

06/07/2010

Email and attachment

49(a), 19

Uphold

815

06/07/2010

Email

49(a), 19

Uphold

820

06/07/2010

Email

NR(Partial disclosure)

Uphold

821

06/07/2010

Email

49(a), 19

Uphold

822

07/07/2010

Email

NR(Partial disclosure)

Uphold

823

07/07/2010

Email

NR(Partial disclosure)

Uphold

824

07/07/2010

Email

NR(Partial disclosure), 49(b), 21(1)

Uphold

825

07/07/2010

Email

49(a), 19

Uphold

826

07/07/2010

Email

49(a), 19

Uphold

827

07/07/2010

Email

49(a), 19

Uphold

828

07/07/2010

Email

49(a), 19

Uphold

830

06/07/2010

Email

49(a), 19

Uphold

831

09/07/2010

Email

49(a), 19

Uphold

832

09/07/2010

Email

49(a), 19

Uphold

833

09/07/2010

Email

49(a), 19

Uphold

834

09/07/2010

Email

49(a), 19

Uphold

836

20/07/2010

Email

49(a), 19

Uphold

837

20/07/2010

Email

49(b), 21(1)(Partial disclosure)

Uphold

838

20/07/2010

Email

49(b), 21(1)(Partial disclosure)

Uphold

839

20/07/2010

Email

49(a), 19

Uphold

840

21/07/2010

Email

49(a), 19

Uphold

841

23/07/2010

Email

49(a), 19

Uphold

849

04/08/2010

Email

49(a), 19, 49(b)

Uphold

852

16/08/2010

Email and attachment

49(a), 19

Uphold

853

16/08/2010

Email and attachment

49(a), 19

Uphold

854

16/08/2010

Email and attachment

49(a), 19

Uphold

855

16/08/2010

Email

49(a), 19

Uphold

856

16/08/2010

Email

49(a), 19

Uphold

857

16/08/2010

Email and attachment

49(a), 19

Uphold

858

16/08/2010

Email

49(a), 19

Uphold

860

17/08/2010

Email

49(a), 19

Uphold

861

17/08/2010

Email

49(a), 19

Uphold

862

17/08/2010

Email

49(a), 19

Uphold

863

17/08/2010

Email

49(a), 19

Uphold

864

17/08/2010

Email

49(a), 19

Uphold

868

20/08/2010

Email

49(a), 19

Uphold

869

20/08/2010

Email

49(a), 19

Uphold

870

20/08/2010

Email

49(a), 19

Uphold

871

20/08/2010

Email

49(a), 19

Uphold

872

20/08/2010

Email

49(a), 19

Uphold

873

20/08/2010

Email

49(a), 19

Uphold

874

20/08/2010

Email

49(a), 19

Uphold

875

20/08/2010

Email

49(a), 19

Uphold

876

20/08/2010

Email and handwritten note

49(a), 19

Uphold

879

01/09/2010

Email

49(a), 19

Uphold

880

01/09/2010

Email

49(a), 19, 49(b)

Uphold

881

01/09/2010

Email

49(a), 19, 49(b)

Uphold

884

01/09/2010

Email

49(a), 19

Uphold

885

01/09/2010

Email

49(a), 19

Uphold

886

01/09/2010

Email

49(a), 19

Uphold

887

02/09/2010

Email

49(a), 19

Uphold

889

02/09/2010

Email

49(a), 19

Uphold

890

03/09/2010

Email

49(a), 19

Uphold

891

03/09/2010

Email and attachment

49(a), 19

Uphold

892

03/09/2010

Email

49(a), 19

Uphold

895

03/09/2010

Email and attachment

49(a), 19

Uphold

897

04/09/2010

Email

49(a), 19

Uphold

898

04/09/2010

Email

49(a), 19

Uphold

899

07/09/2010

Email

49(a), 19

Uphold

900

07/09/2010

Email

49(a), 19

Uphold

901

07/09/2010

Email

49(a), 19

Uphold

902

07/09/2010

Email

49(a), 19

Uphold

903

07/09/2010

Email

49(a), 19

Uphold

904

07/09/2010

Email

49(a), 19

Uphold

905

07/09/2010

Email

49(a), 19

Uphold

906

08/09/2010

Email

49(a), 19

Uphold

907

08/09/2010

Email

49(a), 19

Uphold

908

09/09/2010

Email and attachment

49(a), 19

Uphold

909

09/09/2010

Email and attachment

49(a), 19

Uphold

910

13/09/2010

Email

49(a), 19

Uphold

911

13/09/2010

Email

49(a), 19

Uphold

912

13/09/2010

Email and attachment

49(a), 19

Uphold

913

13/09/2010

Email

49(a), 19

Uphold

914

13/09/2010

Email and attachment

49(a), 19

Uphold

915

13/09/2010

Email and attachment

49(a), 19

Uphold

916

13/09/2010

Email

49(a), 19

Uphold

917

14/09/2010

Email and attachment

49(a), 19

Uphold

918

14/09/2010

Email

49(a), 19

Uphold

919

14/09/2010

Email

49(a), 19

Uphold

921

15/09/2010

Email

49(a), 19

Uphold

922

15/09/2010

Email and attachment

49(a), 19

Uphold

923

15/09/2010

Email

49(a), 19

Uphold

924

15/09/2010

Email

49(a), 19

Uphold

931

22/09/2010

Email

49(a), 19

Uphold

932

23/09/2010

Letter

49(a), 19

Uphold

933

23/09/2010

Email and attachment

49(a), 19

Uphold

934

23/09/2010

Email

49(a), 19

Uphold

935

23/09/2010

Email

49(a), 19

Uphold

936

23/09/2010

Email and attachment

49(a), 19

Uphold

938

24/09/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

939

24/09/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

940

24/09/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

941

24/09/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

942

25/09/2010

Email and attachment

49(a), 19, 49(b), 21(1)

Uphold

943

27/09/2010

Email and attachment

49(a), 19, 49(b), 21(1)

Uphold

944

27/09/2010

Email

49(a), 19

Uphold

946

29/09/2010

Email and attachment

49(a), 19

Uphold

947

30/09/2010

Email and attachment

49(a), 19

Uphold

950

04/10/2010

Email and attachment

49(a), 19

Uphold

954

07/10/2010

Email

49(a), 19

Uphold

955

07/10/2010

Email and attachment

49(a), 19

Uphold

956

07/10/2010

Email and attachment

49(a), 19

Uphold

957

07/10/2010

Email and attachment

49(a), 19, 49(b), 21(1)

Uphold

958

07/10/2010

Email

49(a), 19

Uphold

959

08/10/2010

Email and attachment

49(a), 19

Uphold

960

08/10/2010

Email

49(a), 19

Uphold

962

13/10/2010

Email and attachment

49(a), 19

Uphold

964

13/10/2010

Email

49(a), 19

Uphold

965

13/10/2010

Email and attachment

49(a), 19

Uphold

966

13/10/2010

Email

49(a), 19

Uphold

967

13/10/2010

Email

49(a), 19

Uphold

970

14/10/2010

Email and attachment

49(a), 19

Uphold

972

14/10/2010

Email

49(a), 19

Uphold

973

15/10/2010

Email and attachment

49(a), 19

Uphold

974

15/10/2010

Email

49(a), 19

Uphold

975

15/10/2010

Email

49(a), 19

Uphold

976

15/10/2010

Email

49(a), 19

Uphold

977

15/10/2010

Email

49(a), 19

Uphold

981

20/10/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

982

20/10/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

983

20/10/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

985

20/10/2010

Email

49(a), 19

Uphold

986

20/10/2010

Email

49(a), 19

Uphold

989

21/10/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

990

21/10/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

991

21/10/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

992

21/10/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

993

21/10/2010

Email and attachment

49(a), 19, 49(b), 21(1)

Uphold

994

21/10/2010

Email

49(a), 19, 49(b)

Uphold

995

22/10/2010

Email

49(a), 19

Uphold

996

22/10/2010

Email and attachment

49(a), 19

Uphold

997

22/10/2010

Email

49(a), 19

Uphold

998

22/10/2010

Email

49(a), 19

Uphold

1001

27/10/2010

Email

49(a), 19

Uphold

1002

27/10/2010

Email

49(a), 19

Uphold

1003

27/10/2010

Email and attachment

49(a), 19

Uphold

1004

27/10/2010

Email

49(a), 19

Uphold

1005

01/11/2010

Email

49(a), 19, 49(b)

Uphold

1006

01/11/2010

Email and attachment

49(a), 19

Uphold

1008

02/11/2010

Email

49(a), 19

Uphold

1009

02/11/2010

Email and attachment

49(a), 19

Uphold

1010

02/11/2010

Email

49(a), 19

Uphold

1011

02/11/2010

Email

49(a), 19

Uphold

1012

02/11/2010

Email

49(a), 19

Uphold

1013

02/11/2010

Email

49(a), 19

Uphold

1014

04/11/2010

Email and attachment

49(a), 19

Uphold

1015

05/11/2010

Email

49(a), 19

Uphold

1016

05/11/2010

Email

49(a), 19

Uphold

1017

05/11/2010

Email

49(a), 19

Uphold

1018

05/11/2010

Email

49(a), 19

Uphold

1019

05/11/2010

Email

49(a), 19

Uphold

1020

05/11/2010

Email

49(a), 19

Uphold

1021

05/11/2010

Email

49(a), 19

Uphold

1022

07/11/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

1023

08/11/2010

Email

49(a), 19

Uphold

1024

08/11/2010

Email

49(a), 19

Uphold

1025

08/11/2010

Email

49(a), 19

Uphold

1026

08/11/2010

Email

49(a), 19

Uphold

1027

08/11/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

1028

08/11/2010

Email

49(a), 19

Uphold

1029

08/11/2010

Email

49(a), 19

Uphold

1031

08/11/2010

Email

49(a), 19

Uphold

1032

08/11/2010

Email

49(a), 19

Uphold

1033

09/11/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

1035

09/11/2010

Email

49(a), 19

Uphold

1036

09/11/2010

Email and attachment

49(a), 19

Uphold

1038

09/11/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

1039

09/11/2010

Email

49(a), 19

Uphold

1040

09/11/2010

Email and attachment

49(a), 19

Uphold

1041

09/11/2010

Email

49(a), 19

Uphold

1042

09/11/2010

Email

49(a), 19

Uphold

1043

09/11/2010

Email

49(a), 19

Uphold

1045

09/11/2010

Email

49(a), 19

Uphold

1046

10/11/2010

Email

49(a), 19

Uphold

1047

10/11/2010

Email

49(a), 19

Uphold

1048

10/11/2010

Email and attachment

49(a), 19

Uphold

1049

10/11/2010

Email

49(a), 19

Uphold

1051

11/11/2011

Email

49(a), 19

Uphold

1052

11/11/2011

Email

49(b), 21(1)(Partial disclosure)

Uphold

1053

12/11/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

1054

12/11/2010

Email

49(a), 19

Uphold

1055

12/11/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

1056

13/11/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

1057

13/11/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

1059

16/11/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

1060

16/11/2010

Email

49(a), 19

Uphold

1062

17/11/2010

Email

49(a), 19

Uphold

1063

18/11/2010

Email and attachment

49(a), 19, 49(b), 21(1)

Uphold

1064

18/11/2010

Email and attachment

49(a), 19, 49(b), 21(1)

Uphold

1065

18/11/2010

Email

49(a), 19

Uphold

1066

18/11/2010

Email

49(a), 19, 49(b), 21(1)

Uphold

1067

18/11/2010

Email and attachment

49(a), 19

Uphold

1068

18/11/2010

Email

49(a), 19

Uphold

1069

18/11/2010

Email

49(a), 19

Uphold

1070

18/11/2010

Email

49(a), 19

Uphold

1071

18/11/2010

Email

49(a), 19

Uphold

1072

18/11/2010

Email

49(a), 19

Uphold

1073

19/11/2010

Email

49(a), 19

Uphold

1074

20/11/2010

Email

49(a), 19

Uphold

1075

22/11/2010

Email and attachment

49(a), 19

Uphold

1076

22/11/2010

Email and attachment

49(a), 19

Uphold

1077

22/11/2010

Email

49(a), 19

Uphold

1078

23/11/2010

Email and attachment

49(a), 19

Uphold

1079

23/11/2010

Email and attachment

49(a), 19

Uphold

1080

23/11/2010

Email

49(a), 19

Uphold

1084

26/11/2010

Email

49(a), 19

Uphold

1085

29/11/2010

Email

49(a), 19

Uphold

1086

29/11/2010

Email and attachment

49(a), 19, 49(b), 21(1)

Uphold

1094

14/12/2010

Email

49(a), 19

Uphold

1095

14/12/2010

Email

49(a), 19

Uphold

1096

14/12/2010

Email

49(a), 19

Uphold

1097

14/12/2010

Email

49(a), 19

Uphold

1098(a) – (m)

Emails

49(a), 19, 21(1), NR (Partial disclosure)

Uphold

1099(a) – (f)56

Meeting minutes, notes, letters

49(a), 19, 21(1), NR (Partial disclosure)

Uphold

1102

University’s legal counsel records for Heart Institute relating to the appellant

49(a), 19

Uphold


1 Orders P-134 and P-880.

2 Orders P-880 and PO-2661.

3 Order P-239, Ministry of the Attorney General v. Information and Privacy Commissioner, 2011 ONSC 172 (Div. Ct.).

4 Order PO-2836.

5 Ontario (Criminal Code Review Board) v. Ontario (Information and Privacy Commissioner), [1999] O.J. No. 4072 Canada Post Corp. v. Canada (Minister of Public Works) (1995), 30 Admin. L.R. (2d) 242 (Fed. C.A.), and Order MO-1251.

6 Orders 120, MO-1251, PO-2306 and PO-2683.

7 Order 120.

8 Orders 120 and P-239.

9 Order P-912, upheld in Ontario (Criminal Code Review Board) v. Ontario (Information and Privacy Commissioner), above.

10 Order P-912.

11 Ministry of the Attorney General v. Information and Privacy Commissioner, cited above; City of Ottawa v. Ontario, 2010 ONSC 6835 (Div. Ct.), leave to appeal refused (March 30, 2011), Doc. M39605 (C.A.); Orders 120 and P-239.

12 Orders 120 and P-239.

13 Order P-239; Ministry of the Attorney General v. Information and Privacy Commissioner, cited above.

14 Orders 120 and P-239.

15 Orders 120 and P-239.

16 Orders 120 and P-239.

17 Ministry of the Attorney General v. Information and Privacy Commissioner, cited above.

18 Ministry of the Attorney General v. Information and Privacy Commissioner, cited above; Orders 120 and P-239.

19 Orders 120 and P-239.

20 Order MO-1251.

21 PO-2683.

22 Order M-315.

23 Order M-506.

24 Order PO-2386.

25 Greater Vancouver Mental Health Service Society v. British Columbia (Information and Privacy Commissioner), [1999] B.C.J. No. 198 (S.C.).

26 Orders M-165 and MO-2586.

27 Walmsley v. Ontario (Attorney General) (1997), 34 O.R. (3d) 611 (C.A.); David v Ontario (Information and Privacy Commissioner) et al (2006), 217 O.A.C. 112 (Div. Ct.).

28 Order MO-1251.

29 Order MO-1251.

30 Order 11.

31 Orders P-257, P-427, P-1412, P-1621, R-980015, MO-1550-F and PO-2225.

32 Orders P-1409, R-980015, PO-2225 and MO-2344.

33 Order PO-1880, upheld on judicial review in Ontario (Attorney General) v. Pascoe, [2002] O.J. No. 4300 (C.A.).

34 Order M-352.

35 Order M-352.

36 Order PO-2538-R; Blank v. Canada (Minister of Justice) (2006), 270 D.L.R. (4th) 257 (S.C.C.) (also reported at [2006] S.C.J. No. 39).

37 Descôteaux v. Mierzwinski (1982), 141 D.L.R. (3d) 590 (S.C.C.).

38 Orders PO-2441, MO-2166 and MO-1925.

39 Balabel v. Air India, [1988] 2 W.L.R. 1036 at 1046 (Eng. C.A.).

40 Susan Hosiery Ltd. v. Minister of National Revenue, [1969] 2 Ex. C.R. 27.

41 General Accident Assurance Co. v. Chrusz (1999), 45 O.R. (3d) 321 (C.A.).

42 Order MO-1337-I; General Accident Assurance Co. v. Chrusz (1999), 45 O.R. (3d) 321 (C.A.); see also Blank v. Canada (Minister of Justice) (cited above).

43 Order PO-2733.

44 Orders PO-2494, PO-2532-R and PO-2498, upheld on judicial review in Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner), [2009] O.J. No. 952.

45 Ontario (Ministry of Correctional Services) v. Goodis (2008), 290 D.L.R. (4th) 102, [2008] O.J. No. 289; and Order PO-2733.

46 Ontario (Attorney General) v. Ontario (Information and Privacy Commission, Inquiry Officer), (cited above).

47 Liquor Control Board of Ontario v. Magnotta Winery Corporation, 2010 ONCA 681.

48 Order MO-1573.

49 Section 54(2).

50 Orders P-85, P-221 and PO-1954-I.

51 Orders P-624 and PO-2559.

52 Order PO-2554.

53 Orders M-909, PO-2469, PO-2592.

54 Order MO-2185.

55 Order MO-2246.

56 In its representations, the university agreed to disclose Record 1099e in its entirety.

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