Thursday, May 07, 2009

City of Ottawa Applies for Judicial Review

The City of Ottawa will be using tax-payers money to file for a Judicial Review of the Privacy Commissioner's Office as the e-mails in question might reveal the fact that their Clerk and Head Solicitor Rick O'Connor participated in the commission of an Offence under section 307 (5) of the Corporations Act

To date, the City has filed with the court a DRAFT application for Judicial Review. I have since asked to be named on the record (as opposed to being called John Doe) and the City will submit an amended application with the proper names.

To date the Draft application has been posted below. It will be replaced once the amended one has been filed with the court and scanned.


The Foster Care Council of Canada's Executive Director, John Dunn is still waiting for a reply from the City of Ottawa regarding e-mails which were sent between the Children's Aid Society of Ottawa and the City of Ottawa's City Solicitor (CAS Board President) in 2007 when they communicated to each other possibly in connection with the commission of an offence under section 307 (5) of the Corporations Act.

Dunn made a Freedom of Information Request for the e-mails from the City which was denied based on their assertion that the e-mails were of a personal nature and therefore were not in the "custody and control" of the City.

After appealing to the Privacy Commissioner of Ontario, the Commission determined that the e-mails, although not created in O'Connor's capacity as City Solicitor ARE within the "custody and control" of the City and ordered the City to issue a new decision letter to Dunn without relying on their assertion that the e-mails are not within their "custody and control".

Dunn says "They have until the 9th of May 2009 to issue their decision letter. I am curious to know exactly what was said or contained within the six pages of three e-mails which the City is fighting so hard to withhold." He continues "So far the City has told me that they are considering their options such as possibly seeking a reconsideration or judicial review. This is an awful lot of wasted tax-payers money to hide an e-mail which may reveal Rick O'Connor's participation in the commission of an offence".

The commission stated in the Order (MO-2408) that the e-mails at issue are as follows:

• Pages 370-373 – an email chain and attachment sent by the Executive Director of the CAS to employees, a consultant and volunteers of the CAS, including the Solicitor at his City email address.

• Page 387 – an email sent by the Executive Director of the CAS to the Solicitor at his City email address. This email was also sent to two other individuals: another CAS volunteer and a CAS employee.

• Page 391 – an email sent on behalf of the Executive Director of the CAS by her executive assistant to a number of individuals who are either employees or volunteers of the CAS. Among the recipients is the Solicitor and the email was sent to his City email address.

For a previous post with greater details and the order, click here.

See the actual order at Canlii at this link

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