Submitting a Case

From Riverview Group Publishing

Submission Policy

Court and Tribunal decisions will only be accepted for publication if submitted by an

  • Ontario Court Clerk,
  • Ontario Judge,
  • Ontario Deputy Judge,
  • Ontario Justice of the Peace,
  • Licensed lawyer (Ontario),
  • Licensed paralegal (Ontario),
  • Clerk or Registrar of an Ontario Tribunal

Submissions may be sent to publish@caselaw.ninja

If you are a landlord or tenant who would like to have their case published please email public@caselaw.ninja to have your case reviewed.

Ontario Tribunal Privacy Policy

Tribunal records are governed by the Tribunal Adjudicative Records Act, 2019, S.O. 2019, c. 7, Sched. 60.[1] ("TARA"). The key section on TARA states:

2 (1) A tribunal shall make those adjudicative records in its possession that relate to proceedings commenced on or after the day this section comes into force available to the public in accordance with this Act, including any rules made under section 3.
(2) A tribunal may, of its own motion or on the application of a person referred to in subsection (3), order that an adjudicative record or portion of an adjudicative record be treated as confidential and that it not be disclosed to the public if the tribunal determines that,
(a) matters involving public security may be disclosed; or
(b) intimate financial or personal matters or other matters contained in the record are of such a nature that the public interest or the interest of a person served by avoiding disclosure outweighs the desirability of adhering to the principle that the record be available to the public.
...
7 In the event of a conflict between a provision of this Act and a provision of any other Act or a regulation made under another Act, the provision of this Act prevails unless the regulations made under this Act provide otherwise.

Privacy concerns under the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31[2] were addressed by the courts in Toronto Star v. AG Ontario, 2018 ONSC 2586 (CanLII)[3]("Toronto Star"). In Toronto Star the court found at paragraph(s) 106 and 143 that:

[106] In any case, the various timelines built into the FIPPA system appear designed to make the system operate fairly. One cannot act judicially in making an access determination without giving notice to affected parties and providing some amount of time for a response. The specific notice and other time periods provided for in FIPPA may or may not be ideal, but there is little evidence that the problems are with FIPPA’s terms on their face. Where the evidence in the record shows that there have been inordinate delays, the source of the problems may lie more with the particular administrators or decision makers who extend the FIPPA timelines than with the statutory system itself. Once the reverse onus on personal information is removed, those human delay factors will hopefully be reduced.
[107] The Charter requires public access to Adjudicative Records, which may be tempered on a case-by-case basis by other considerations – integrity of the administration of justice, safety and security of informants and other third parties, privacy for complainants and other litigants, etc. For an unconstitutional law, “the usual remedy lies under s. 52(1), which provides that the law is of no force or effect to the extent that it is inconsistent with the Charter…. Section 24(1), by contrast, is generally used as a remedy, not for unconstitutional laws, but for unconstitutional government acts”.[128]
...
[143] There shall be a declaration that the application of ss. 21(1) to (3) and related sections of FIPPA pertaining to the presumption of non-disclosure of “personal information” to Adjudicative Records held by the remaining institutions named in the Notice of Application infringes s. 2(b) of the Charter and is not justified under s. 1. It is therefore of no force or effect.

Privacy rules for organizations governed under the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) ("PIPEDA")[4].

7 (1) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may collect personal information without the knowledge or consent of the individual only if
(a) the collection is clearly in the interests of the individual and consent cannot be obtained in a timely way;
(b) it is reasonable to expect that the collection with the knowledge or consent of the individual would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province;
...
(d) the information is publicly available and is specified by the regulations; or
(e) the collection is made for the purpose of making a disclosure
(i) under subparagraph (3)(c.1)(i) or (d)(ii), or
(ii) that is required by law
...
(2) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may, without the knowledge or consent of the individual, use personal information only if
...
(c.1) it is publicly available and is specified by the regulations; or
(d) it was collected under paragraph (1)(a), (b) or (e).
...
(3) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may disclose personal information without the knowledge or consent of the individual only if the disclosure is
...
(b) for the purpose of collecting a debt owed by the individual to the organization;
...
(h.1) of information that is publicly available and is specified by the regulations; or
(i) required by law.

The regulation made under Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) ("PIPEDA")[4] Specifying Publicly Available Information (SOR/2001-7)[5] specifically states:

1 The following information and classes of information are specified for the purposes of paragraphs 7(1)(d), (2)(c.1) and (3)(h.1) of the Personal Information Protection and Electronic Documents Act:
...
(d) personal information that appears in a record or document of a judicial or quasi-judicial body, that is available to the public, where the collection, use and disclosure of the personal information relate directly to the purpose for which the information appears in the record or document; and
...

References

  1. Tribunal Adjudicative Records Act, 2019, S.O. 2019, c. 7, Sched. 60 https://www.ontario.ca/laws/statute/19t07
  2. Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, <https://www.ontario.ca/laws/statute/90f31>, retrieved 2021-05-20
  3. Toronto Star v. AG Ontario, 2018 ONSC 2586 (CanLII), <https://canlii.ca/t/hrq6s>, retrieved on 2021-05-20
  4. 4.0 4.1 Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5), <https://laws-lois.justice.gc.ca/eng/acts/P-8.6/FullText.html>, retrieved on 2021-06-18
  5. Regulations Specifying Publicly Available Information (SOR/2001-7), <https://laws-lois.justice.gc.ca/eng/regulations/SOR-2001-7/FullText.html>, retrieved on 2021-06-18