BC Supreme Court denies review of OIPC order on “advice” exemption – 18 Aug 2010

BC FIPA sought a judicial review of the order by the Office of Information and Privacy Commissioner of British Columbia dated January 27, 2009, (F09-02) regarding the scope of the exemption for “advice and recommendations” under s. 13(1) of the Freedom of Information and Protection of Privacy Act (FIPPA). BC FIPA did not agree with the adjudicator’s interpretation of s. 13(1) of FIPPA and argued that the adjudicator did not provide sufficient reasons for the decision.

The court, however, did not agree with BC FIPA’s position. It found that the adjudicator had not made a reviewable error and dismissed BC FIPA’s application.

Download the BCSC decision (pdf).

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Docket S-097178
Vancouver
18 Aug 2010

B.C. Freedom of Information and Privacy
Association v. British Columbia
(Information and Privacy Commissioner),
2010 BCSC 1162 (CanLII)

Order F09-02
MINISTRY OF LABOUR AND CITIZENS’ SERVICES
January 27, 2009
[2009] B.C.I.P.C.D. No. 3 (QuickLaw)
British Columbia (Labour and Citizens’ Services) (Re), 2009 CanLII 3226 (BC IPC)