Laurentian agrees to resume responding to freedom of information requests as of May 1

Laurentian University has agreed to resume responding to freedom of information requests as of May 1, after its obligations in this area were suspended for more than a year due to its court-supervised insolvency restructuring.

Laurentian declared insolvency Feb. 1, 2021, applying for creditor protection, among other relief, under the Companies Creditors Arrangement Act (CCAA). 

The university’s insolvency restructuring is still underway more than a year later, with the courts extending creditor protection earlier this year until May 31.

In early March, the Information and Privacy Commissioner of Ontario (IPC) brought forward a motion, asking the courts to remove an order that had suspended Laurentian University’s freedom of information request obligations.

The stay of Laurentian’s obligations under the Freedom of Information and Protection of Privacy Act (FIPPA) was initially granted by the courts under Laurentian’s CCAA application Feb. 11, 2021. 

The IPC did not initially take a position for Laurentian’s request for a FIPPA stay. Laurentian subsequently sought, and was granted, three extensions of the FIPPA stay.

At a Jan. 27 hearing, the IPC advised the courts that it opposed the latest extension of the FIPPA stay, and following the direction of the court, has brought forward a formal motion on the matter.

The privacy commissioner said there is insufficient evidence to support the continuation of the FIPPA stay.

A March 23 letter from Laurentian University’s insolvency counsel, Thornton Grout Finnigan, said Laurentian was “agreeable to proceed with the IPC’s motion on a consensual basis.”

The letter from Thornton Grout Finnigan lawyer Mitch Grossell said that prior to the commencement of the CCAA proceeding, there were two outstanding FOI requests. 

Since the commencement of the CCAA proceeding, Laurentian received one FOI request. 

As of Grossell’s March 23 letter, three FOI requests are stayed pursuant to the Initial Order under the CCAA.

In January 2022, Laurentian advised the IPC that it received a fourth FOI Request that would be subject to the stay. 

Upon further review, Laurentian concluded that this request is not an information request under FIPPA. Rather, it is an academic issue between that individual and Laurentian.

“As you are aware, Laurentian sought the extension of the stay of proceedings to FOI Requests because Laurentian was concerned that it would receive a high volume of FOI Requests following the commencement of the CCAA proceeding, or that even if the number of requests itself did not evidence an increased volume, the nature of the requests would involve a significant amount of work and time to comply,” Grossell said.

“Laurentian acknowledges its statutory duty of access to information as required under FIPPA. Prior to the CCAA proceeding, Laurentian provided access to information that is permitted under FIPPA, subject to the exemptions provided for in FIPPA.”

The termination of the stay of freedom of information requests would be effective as of May 1. 

However, the motion also said that Laurentian reserves the right to return to the court “seeking further direction or relief in the event that they receive one or more FOI requests that would require them to expend efforts resulting in LU being unable to focus its limited resources on the advancement of the CCAA proceedings.”

The matter was originally supposed to be dealt with in an April 1 court hearing. However, because it was resolved on consent, there is no hearing. The judge has indicated he will deal with the matter in writing. ****

****This story has been updated to reflect the fact that no hearing on this matter will occur.