Case Report – Federal Court of Appeal clarifies jurisdiction to hear deemed refusal ATIP applications

On November 22nd, the Federal Court of Appeal clarified the circumstances in which the Federal Court has jurisdiction to hear an application for review of a deemed refusal under the Access to Information Act. The Court held that the Information Commissioner does not “cure” a deemed refusal by issuing a report that recommends a time frame in which an institution should respond to a request. A requester may therefore apply to Federal Court within 45 days of such a report, subject to a potential mootness argument that may be raised based on an answer that is delivered by the institution prior the hearing of the application.

Statham v. Canadian Broadcasting Corporation, 2010 FCA 315.

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