Date: 2010-01-14 Docket: 0903 09444  Manderscheid J. | Link

Judicial review of the decision of the Adjudicator at the office of the Information and Privacy Commissioner. The applicant asserts that the Adjudicator unreasonably expanded the search (including backup tapes as well as more terms), expanded the duty to assist, and did not take privacy legislation into account. At para 24 the court analyses the issue of searching backup tapes, agreeing with the applicant that ordering such a search breaches procedural fairness. At para 32, the court agrees with the Adjudicator that a reasonable search would extend to others in the Department who might have sent complaints about the proposed course changes, especially in light of the lack of standards for e-mail retention and deletion.