Case Report – Field search okayed by adjudicator without hearing from e-mail custodians

6 Aug

I’ve been following e-mail search FOI cases given their relevance. On July 21st, the IPC/Ontario upheld a such a search. The adjudicator rejected an argument from the requester that the institution should adduce evidence from the e-mail custodians who were asked to search for responsive records (and not just the individuals who coordinated the search). She did note that the requester, having declined to participate in the hearing, had not given the IPC any reason to doubt the bona fides of the institution’s search.

York University (Re), 2010 CanLII 44189 (ON I.P.C.)

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