Reconsideration Order MO-4498-R Denies Request for Reconsideration of Order MO-4439

Strategic Insights -

The Office of the Information and Privacy Commissioner of Ontario (IPC) has issued a decision on the appellant's request for reconsideration of Order MO-4439, which resolved an appeal about a request for records related to an incident involving the appellant. The IPC's Adjudicator, Marian Sami, found that the appellant had not established any of the grounds for reconsideration under section 18.01 of the IPC's Code of Procedure and denied the reconsideration request.

Key Takeaways:

  • The appellant requested reconsideration of Order MO-4439, which had upheld the adequacy of the police's access decision and the reasonableness of their search for responsive records.
  • The Adjudicator, Marian Sami, found that the appellant had not established any of the grounds for reconsideration under section 18.01 of the IPC's Code of Procedure, including a fundamental defect in the adjudication process, a jurisdictional defect, or an error or omission.
  • The Adjudicator determined that the appellant's disagreements with the analysis and decisions in Order MO-4439 did not constitute grounds for reconsideration.
  • The appellant's objections to the Adjudicator's analysis and decisions were found to be re-arguing the issues already decided in Order MO-4439.
  • The Adjudicator found that the appellant's points regarding the scope of the appeal, the presence of his name in the police's access decision, and the $11.40 cheque to the police did not establish any grounds for reconsideration.
  • The Adjudicator concluded that the appellant had not established a fundamental defect in the adjudication of his appeal, a jurisdictional defect, or an error or omission that would have changed the outcome of the decision.

Statistics:

  • 3: The number of grounds for reconsideration provided in section 18.01 of the IPC's Code of Procedure
  • 1: The number of grounds for reconsideration established by the appellant
  • 18: The section of the IPC's Code of Procedure that outlines the reconsideration criteria and procedure
  • 41: The CanLII case number for the Supreme Court of Canada decision in Chandler v. Alberta Assn. of Architects
  • 1989: The year the Supreme Court of Canada decision was made
  • 2 SCR 848 (SCC): The Supreme Court of Canada reporting citation for the decision in Chandler v. Alberta Assn. of Architects
  • 22: The section of the Access to Information and Protection of Privacy Act that is mentioned in Order MO-4439

Sources:

  • [Code of Procedure of the Information and Privacy Commissioner/Ontario, Section 18.01]
  • [Code of Procedure of the Information and Privacy Commissioner/Ontario, Section 18.02]
  • [Chandler v. Alberta Assn. of Architects, 1989 CanLII 41 (SCC), [1989] 2 SCR 848 (SCC)]