ACCESS TO INFORMATION AND PRIVACY - Right to information - Jurisdiction to review

Law360 Canada (June 16, 2022, 6:20 AM EDT) -- Application by the applicants for judicial review denying the request for reconsideration. The applicants York University (“York”) and York University Development Corporation (“YUDC”), filed this application after the Information and Privacy Commissioner (“the IPC”) denied their request for reconsideration of an order requiring the production of certain records (the “Reconsideration Order”). The central issue was the interpretation and application of the custody or control test under the Freedom of Information and Protection of Privacy Act (FIPPA), in the sense that the substantive issue on the reconsideration was the custody or control test, but the procedural mechanism to access reconsideration was for the applicants to show that they met one of the grounds for reconsideration. YUDC was created to assist York with the planning and development of York’s lands. York was YUDC’s sole shareholder. Two York professors (the “requesters”) sought records from both York and YUDC under the FIPPA. The access to information requests related to renovations to the York University Bookstore and to the York Lanes Pharmacy....
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