yours• · 57•..1508 10765 0o4 september 9, 20:[3 darel samuelson blake, tassels & graydon...
TRANSCRIPT
Sep, 9, 2013 4:29PM JSS Barristers No, 1493 P, 2/21
Jensen 5hawa 5olornon DUgU{d HaWke$ LLP
Direct Line: Email; Assistent- Lisa James File No:
(403) 57•.-1507 gsolomon@jssbarrist:ers.ca
(403) 57•..1508 10765 0O4
September 9, 20:[3
Darel Samuelson Blake, tassels & Graydon LLP Barristers & Solicitors Suite 3500, 855 2 Street S.W. CalBary, AB T2P 4J8 Via Fax'. 403-260-9700
Karen Munro Alberta Justice Lesal Services Division 2 FIo6r, 10011 109 Street Edmonton, AB TSJ 3S8 Via Fax: 1-780-425-03•10
Leila Gosselin The City of Calgary Law Department (8053) 12 th Floor, 800 Macleod Trail S.E. Calgary, AB T2G 2M3 Via Fax: 403-268-4634
Andrew Sims, Q.C. 149, :t0403 122 Street Edmonton, AB TSN 4C:t Via Fax: :[-780-423-6813
Dear Sirs/Mesdames:
Re: Appeal of OIPC Order F2005-030 Imperial Oil Limited Q,B, Action No; 080:!.-00878
enclose for service upon you the filed Civil Notice of Appeal of the Office of the Information and Privacy Commissioner.
Yours•
GS:Ij A•t.
(00704879 T40357], $520 F40357•, $528 800, 304-SAvenueSW, Q•16ary, AII;•rta T2P:I.£2 www.jssbarrkters.ca
2013 4:29PM JSS B&rristers
•n the Court of Appeal of Alberta (Please typ,e or print, Attach additional pages if necessary,
All applicable areas must be completed,)
No, 1493 P, 3/21
Appeal Number
Q,B. Number 0801-00878
BETWEEN: (The style of •oause remains the same as in the Trial Court and must show •tatus for bath courts. Practice Directi0a A.2.)
In the matter of the Freedom of Information and Protection Form N
of Privacy Act, RSA 2000, c, F-25
And in the matter of Order F2005-030 issued by the Office of the Information and Privacy Commissioner on
December 18, 2007
Imperial Oil Limited
AND
City of Calgary, Her Majesty the Queen in Right of the Provirice of Alberta as repmser•ted by Ihe Minister of E-•lvironmant, and the EnVltOnmental Appeals Board
AND
(Alberta) Information and Privacy Commissioner
Responde•lt (Applicant)
Respondents (Respendents)
Appellant (Respondenl)
Civil Notice of Appeal
703670.PDF
20t0 (Rev. 2006t07) Page of 6
,Sap, 9, 2013 4:30PM JSS Barristers No, 1493 P, 4/21
Appeal from: [--] Judgment Portion being appealed (R.511): E• Whole, or
[-• Only specific part(s) If specific part(s), indicate which part(s):
Order Decision
Provide a brief description of the issues; Please see attached Schedule "A"
Of the two options below, indicate where the order originated: [• Court of Queen's Bench
File number: 0801-00878
Location: Judicial Centre of Calgary Justice R, G, Stevens Justice:
On appeal from a Queen's Bench Master or Provincial Court Judge? • Yes [-• No (If you are appealing an order of a Queen's 8•nch Master or Provincial Court Judge, a copy of that order is also required.)
Board, Tribunal or Professional Dis.cipline Body Specify:
Particulars of Judgment, Order or Decision Appealed from: Date pronounced: July 12, 2013
Date entered: August 20, 2013 August 20, 2013 Date served:
Attach a copy pursuant to R,506(2), If a copy is not attached, provide reason: (Upon the Judgmenl. or Order becoming available, the Appellant shall forthwith file a copy with the Registrar,) Attached as Schedule "B".
703670.PDF
J 2919 trey. 2006107) #a•e 2 of 6
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If the order originated in the Court of Queen's Bench, check one of the following, to indicate the type of order that is under appeal: • Interim order made in chambers, Specify nature of Order:
4(a)
4(b)
• Final order or refusal to grant final order before trial (eg. summa•judgment, striking pleadings, etc,) • Judgment after trial
•s this appeal about procedure or custody or access only under Part J, of the Consolidated Practice Directions? E•] Yes • No •f yes, check applicable boxes:
Error correcting only [•] Yes F--] No Involves new law r--] Yes • No
If yes, was viva voce evidence given in the court appealed from? [• Yes [• No F-] Yes • No Is this a Family Law Appeal?
If yes, check applicable boxes: • Divorce Error correcting only Involves new law
[• Maintenance Only [• Child support [• Spousal support
Error correcting only Involves new law
F--] Maintenance Arrears E• Child support [--] Spousal support
Error correcting only Involves new law
r--] Matrimonial property Error correcting only Involves new law
[• Adoption Error correcting only Involves new law
F--] Guardianship Error correcting only Involves new law
Spousal and Child support
•--• Spousal and Child support
Yes r---] No
Yes • No
Yes [•] No
Yes r--] No
Yes E• No E•] Yes ['-• No
703670,PDF J 2919 (Roy, 2006107) Page 3 of 6
Sop, 9, 2013 4:30PM JSS B&rristers No, 1493 P, 6/21
[-=-] Parentage Error correcting only Involves new law
E•] Protection against family violence
Error correcting only Involves new law
[• Other, please specify: Error correcting only Involves new law
Has this file been under Case •/lanagement in the' Court of Queen'• Benbh? If yes, case management justice: Trial date:
[• Yes •No [=-] Yes [--] No
Yes [-] No
Yes [•]No
6. Is this case related to any case presently before or about to be filed in this COUI•'•' (e,g, arises from same controversy; involves same, similar or related issues, eto.) If yes, name of related case(s): Action or appeal number(s): Nature of relationship:
7. Is the constitutional validity of an Act or Regulation being challenged as a
result of this appeal? r--] 8. Has mediation been attempted in the trial court? [--•. 9. Are you willing to participate in Judicial Dispute Resolution with a view to
settlement or crystallizing of issues? E•]
Yes [• No
Yes •[] No
Yes • No
t0. Would case management be beneficial?
11, Could this matter be decided without oral argument? 12. Should the appeal be expedited?
If yes, provide reason:
Yes • No •---] Yes [•--] N o
[-='] Yes [•-] No
13. Is there a statutory ban, ban on publication or an order of the Court which affects the privacy status of this file? [-• Yes • No If yes, provide details including which party/parties the ban or order affects and the section the ban was granted under: A sealing order was granted on September 27, 2008 and filed on September 28, 2008 by Alberta Court of Queen's Bench pursuant to s. 59(3)(a) of the Freedom of Information and Protection of Privacy Act RSA 2000, c. F-25. A copy of that order is attached as Schedule "C".
703670,P(3• 2919 (Rev. 2008/07) PaOe 4 of 6
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14. Appellant's estimated time of argument (if less •han 45 minutes)• 45 minutes
t5. List respondent(s) or counsel for the respondent(s) Please see attached Schedule "D". Name
Law Firm (if applicable)
Address Postal Code
Telephone Number Fax Number
Note: The address set out in section t5 will be considered the respondent's address for service, until such time as the respondent files documentation specifying otherwise,
All parties listed in section t5 must be served with a filed copy of the Notice of Appeal within the prescribed appeal period, (R,510(I))
• Glenn Solomon, Q.C.
(Legibly print or stamp name (R.5.t))
703670.PDF J 29t9 (Roy, •006/07) Page 5 of 6
Sop, 9, 2013 4:30PM JSS Barristers N0,1493 P, 8/21
SCHEDULE "A"
Brief Description of the Issues;
Standard of Review
The Chambers Judge erred in his application of the reasonableness standard of review;
The Chambers Judge erred in his articulation and application of the correctness standard of review.
II. Juri•sdiction, Issues Defending the Reasonableness of the Commissioner's Decision, and Considerations of Specialized Jurisdiction and Expert.ise
Tile Chambers Judge erred in failing to defer to the Commissioner (in applying the reasonableness standard), resulting in errors in interpreting statutory provisions:
The Chambers Judge erred in making contradictory findings to those made by the Commissioner in respect af s •t6 of the Freedom of Information and Protection of Privacy Act, RSA 2000, c. F-25 {"FOIP");
The Chambers Judge erred in making contradictory findings to those made by the Commissioner in respect of s 24 of FOIP;
The Chambers Judge erred in making contradictory findings to those made by the Commissioner in respect of s 25 of FOIP;
The Chambers Judge erred in making contradictory findings to those made by the Commissioner in respect of. s 27 of FOIP:
(v) The Chambers Judge erred in accepting and relying on different submissions and evidence from the Environmental Appeal Board than that which the Environmental Appeal Board presented to, and which was accepted by, the Commissioner.
{0070367:.t vi)
,,Sep, 2013 4:30PM JSS Barristers
8GHEDUEE "B"
Clerk's stamp:
No, 1493 P, 9/21
COURT
Z O 2013
JUDICIAL CENTRE OF CALGARY
tN THE MATTER OF THE FREEDOM OF INFORMA T/ON AN, D PROTECTION OF PRIVACY ACT•
R.S.A, •000• c F-;Z•i
AND IN THE MATTER OF Order F2005-030 Issued by the Offic'e of the Information and Privacy commissioner or•
D•c•mber'18, 2007
COURT FILE NUMBER
COURT.
JUDICIAL C•NTRE
0801-00878
COURT OF QUEEN'S BENCH OF ALBERTA
CALGARY
APPLICANT
RESPONDENTS
DOCUMENT
ADDRESS FOR SERVICE'AND CONTACT INFORMATION FOR PARTY FILING THIS DOCUMENT
iMPERIAL OIL LIMITED
CiTY OF CALGARY, the INFORMATION AND PRIVACY COMMISSIONER OF ALBERTA, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ALBERTA as represented by the MINISTER OF ENVIRONMENT, and the ENVIRONMENTAL APPEALS BOARD
JUDGMEI•T ROLL
BLAKE, CASSEL8 & GRAYDON LLP 3500, 855 2 nd Street S.W. CalElairy. AB T2P 4J8
Attentior•; Darol Samuelson
Telephone: 403-260-9630 FacBlmile• 403-260-9700 Email: darel,[email protected]
File No. 14419/I745
DATE ON WHICH JUDGMENT WAS PRONOUNCED:
LOCATION (:iF APPLICATION:
NAME OF JUSTICE WHO MADE THIS ORDER:
July 12, 2013
Special Chambers, Calgary, Alberta
The Honourable Mr. Justice 8f:evens
UPON. THE APPLICATION of Ir:nperlal O11 Limited for judicial review of an order of the Information and Privacy Commiss.ioner of Alberta, being Order 2006-030;
AND UPON the said Application having,come on for hearing on November t2, 2009 and on Sep•mber 26, 27 and 28 2012;
•he original • ,,,06,8•., Dated lh•
Sep, 9, 2013 4:30PM JSS Barristers N0,1493 P, 10/21
AND UPON HEARING READ the Pleadings filed .herein, the Record filed by the Information and Privacy Commissioner of Alberta, and the Briefs filed by each of the partie• hereto; AND UPON RI•ADING the documents, sealed by an Order of this Honourable Court dated September 29, 2008; AND UPON HEARING the submissions made by counsel for the Applicant and counsel for each of the Respondents;
AND UPON JUDGMENT HAVING BEI•N RESERVED until July 12, 2013;
IT 18 ILIEREBY ORDERED AND ADJUDGED THAT:
'Order of 2005 030 issued by the office of Information and Privacy Commissioner on December t8, 2007 be, and hereby is, quashed.
The Applicant, Imperial Oil Limited, shall recover one set of cost8 in this matter, payable forthwith by the City of Calgary.
This Judgment Roll rnay be approved electronic mail,
APPROVED AS BERING THE JUDGMENT GRANTED;
Per: sCoalricitors for the, A,•pllcant
e]Sam• V Imperial oii Limited
in oou.nterpart, and co•e or by
J.C,Q.8.A.
CITY OF CALGARY L•AWDEPARTMENT
Per:
• Solicif.ors f£{ the,•espondent, City of Calg'ar-y ,/
ALBERTA JUSTICE
Per'. Karen M. Munroe Solicitors for the Respondent, Her Majesty the Queen in Right of Alberta as represented by the Minister of Environment
JENSEN 8HAWA SOLOMON DUGUID HAWKES LLP
Andrew C.L, Sims, Q.C. Solicitor for the Respondent, Environmental Appeals Board
Per; Glenn S, 8olomon, Q.C. Solicitors for tile Office of the Information and Privacy Commissioner of Alberta
EI'I •.062117.1
Sap, 9, 2013 4:30PM JSS B&rristers N0,1493 P, 11/21
-2-
AND UPON HEARING READ (he Pleadings flied herein, the Record filed by the Information and Privacy Col•mlssioner of Alberta, and the Briefs filed by each of thB parlies hereto; AND UPON READING the documents sealed by an Order of" Ibis Hol•ourable Court dated September 29, 2008: AND UPON HEARING •he sl•bmissions made by counsel for •he Applicant and counsel for each of the Respondents;
AND UPON JUDGMENT HAVING BEEN RI58ERVED until July 12, 2013',
IT IS HERESY ORDERED AND ADJUDGED THAT:
Order of 2005 030 issued by Ihe oflice of Information1 and Pdvacy Comm{ssioner on December 18, 2007 be, and hereby is, quashed,
Tile Applicant, Imperial Oil Limiled, shall recover one seL•f coBts In this ma•;b•r, payable forthwith by the City o• Calgary,
-[his Judgment Roll may be approved in counterpart, and communicated by facsimile or by electronic mall.
APPROVED AS BEING THE JUDGMENT GRANTED;
BLAKE, CA88EL• & GRAYDON LLP
Pe•: Darel Sar•luetson Solicitor•, for (he Applicant, Imperial Oil Limited
ALBERTA JUSTICE
Per: Karen M. Munro Solicitors for the Respondat]t, H•r Majes• lhe QUeen In Right of Alber(a as represented by the Minister' •1 Envirsnment
JENSEN £HAWA SOLOMON DUGUIO HAWKES LLP
J.C.Q,B.A.
CITY OF CALGARY LAW DEPARTMENT
Per; Leila (3. Gosselin Solicitors for the. Respondent, City Of' Calgary
Andrew C.L, Sims, Q.O. Salic!tor for the Respondent, Environmental Appeals Board
Per; Glenn S, Solomon, Q,C. Solicitors for lhe Office of the [rtformation and Privacy Commissioner ol Alberta
',Sep, 9, 2013 4:30PM dSS B rristers No, 1493 P, 12/21 0•-29•3;Og:•2AM•From: Ta:I403•609700 ;78042•6813 # 3/
AND UPON HE/LRING RF=AD the Pleadtnge file'd herein, th.• Reaord flied by {he Infa•ation • P•vaoy •omm•sioner of AIb•, •nd the Bri• filed by eaofl of t•e pa•es h•retol AND UPON R•DING th• daaumen• •ealed by •h O•er of lhls Han•urable Oou• dated •p{ember 29• gO0•l AND U•ON HEARING lhe •ubmi•io•s made by •oun•el for •he •liOa•[ •d •ounsel for each of •he Respoflden•; AND UPON JUDGMENT NAVING 8E•N RESERVED until •uly 12• •O13•
IT I• HEREBY OROER•D AND AD•U.DG•B THAT:
Order of 2006- 0,30 i•r4ed by the o•o• of Information and Privacy oornmls•,loner On [:)eoember 18, :•007 be, and hereby Is, •ua•hed,
The AppliCant, I•peti•l Oil L'imile¢ 8hall recover on';e
•e• of •osts In #]is matter, payable forthwith by the Oi•y of Calgary.
Thl• Judgmen¢ Roll may be a•/)rev#d in ele•-tronl¢ mail,
counterpart, and communloa(ed by facsimile or by
J.O.O,•B,A• APPROVEO A8 BEING THE JUDGMENT
IB[,AKB, OA$SB£8 & GRA•'DON CITY OF 13At, eARy LAW D•PARTMENT
Per;
8ollcitom for the Al•pll•ant, imperial Oil Limited
ALBERTA JU•TIC•
Per; Karen M. Munroe
Her Majesty 1he QUeen in Right of Alberta as represented by lhe Minister ef Environmenl•
JENSEN SHAWA 8OLOMON DUGUIB HAWKES LLP
Per: Lefla •, Gossel•M
Solicitor for the R•pondent, Envlron•en•l Appeals Bo•rd
,..Glenn 8. Solomon, Q,Q.
and Prlva•y Commissioner erAIberta
:Sap, 9, 2013 4:30PM JSS Barristers No, 1493 P, Aug, 15. 20i3 II:22AM JS$ Barristers Me, 10¢5 P, •
13/21
AND UPON HEARING READ the Pleadlng• flied herein1, the Record filed' by the Inferm•liert and Privacy •o•ml•sloner of Albe•a, and the Brief• ft•ed by each o• •e pa•e• here•; AND UPON READIN• the documen• •ealed by an Order of this Honoumble CouK dated 8ep•mber 2g, 2008; AND UPON HEARIN• the submi•io•8 •a•e by •nael •r •e Applicant and counsel for each of lha ResponSen•;
AND UPON JUDGMENT HAVING BEEN RE,gERVF_,D until July
IT IS HERESY ORDERED AND ADJUDGED 3"HAT:
Order of 2005 030 issued by the offfse of'. Information and Privacy Commissioner on Oeoamber t8, 2007 ]be, and hereby is, q•la•hed,
The Appli•ant, Imperial 0il Limited, •hall recover drle se• or u£,sts in this matter, payable forthwith by •he Oi• of Calgary.
•llls Judgment Roll •lay be approved In {;ounterpart, and cammunicmted by Facsimile or by electronic mail,
APPROVED AS BEING THF. JUDGMENT GRANTED; BILAKB, CA88EL8 & GRAY!CON
J,O,Q,B,A.
C;ITY OF CALOARY LAW DEPARTI•IENT
Pe•. Darel S•muelson Solicitors far fhe Applicant, Imperial Oil Limited
ALBER,•A JU 81"ICE
Per; Lella G, Gosselln Solicitors Olf, y of Calgar•
Karen M, k4ut•toe 8olicihr• for the Respondent, Her MaJes• the O•een in Right of Albeffa a• repr•en• by lhe Mini•l' of
8ollo•t0r• r• •e Office of the lnformatl0n 8ad Fdvaey Oommls•io•er efAlbeAa
Andrew C.L. 8im8, q.¢, Solicitor for the Respondent, Er•vlmnmental Appeals BQard
,Sep, 9, 2013 4:91PM JSS Barristers N0,1493 P, 14/21 '. SCHEDULE"C"
Action No:. O80t,-OO878
IN THE COURT OF QUEEN'S BENCH OF ALBE• •ICIAL bISeCT OF C•OARY
THE •TTER T• •EEDOM OF INFO•TIONAND P•OTECTION R.S.A. 2000• C.
AND IN TI• lV/ATTER OF ORDER F200ff-030 I[8StIED BY TIlE O•'IrlCIg OF THE IN-J•OI•dVL4.TION ANII PR/WACY COIV/3•SSIONXR ON DECElVI•ER 18, 2007
BETWEEN;
INIPER/•L.OZ• .L•ED Applicant
C• O.• CALGA_RY• TI=£E ]3VFORMATION AND PRIVACY CO]VIM•SSIONER OF ALBERTA, •R •STY T• Q•E• • •GHT OF T• PRO•CE OF •BERTA, AS
•P•SEN•D BY • •STER OF EN•O•• • T• •PEALS BO•
Respondents
BEFORE THE HONOUt•_ABLE MR./MADAM JUSTICE
IN CHAMBERS
) ) ) ) ) ) )
•* the Court House, in the City of Calgary,
in the Province of Alberta, on
the • day of Ju•, 2008.
ORDER
UPON 'I'BE APPLICATION of the Respondent, the Information and Privacy Commissioner of Alberta; AND UPON HEARING counsd for the Information aud Privacy Commissioner of Alberta; AND UPON NO2TNG the consent of the Applicant and the Co-Respondet•ts; AND UPON REVIEWING the record of the Inforrnatio,n and Privacy Commissioner of Alberta; IT IS HEREBY ORDERED THAT:
1. Pursuant to Secdon 59 (3)(a) of the Freedom of Information and Protection oJ'Privacy Act, R.S.A. 2000, c. F-25, the following documents be, and are hereby,' sealed (hereinafter "the sealed documents'):
(a) The Confiden'tial Addendum ,o Order F2005-030;
(b) Tt•e Record at lssue in the I•quiry (a Remediation Agreement consisting of 232 pages);
9, 2013 4:31PM JSS B&rristers No, 1493 P, 15/21
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Alberta Environment's initial writlcen submission for the Commissioner and the Third Party only;
Alberta Environment's written rebuttal submission for th.e Commissioner and the Third Party only',
(e) Imperial Oil Limited's in camera initial written submission.
2, This Honourable Court shall receive the sealed documents from the Respondent, the Information. and Privacy Cdmmissioner of Alberta,. ir• a sealed eavelope and the Clerk of this Honourable Court shall accept the sealed documents for'filing when presemed in that mariner.
3. The sealed documents shall remain sealed, .except as otherwise provided herein, unless and until thi.s Order is varied by this Elonourable Court.,
4. The Justice presiding over this Action may, notwithstanding anything to ,the contrary herein, review the sealed documents tn eamet'a, and make such use of the sealed documents as the said presiding Justice determines.
5. To the extent that the presiding Justice takes possession of, and unseals, the sealed documents, the Clerk oftMs Hortourable Court is hereby directed tore-seal the sealed documents, and to thereafter treat the sealed documents
as remaining.sealed, in accordance with this' Order.
6. Any par•y to this Action may apply to this Hottourable Court, on seven days' notice to all other parties, to vary this Order.
7,. At the conclusion of this action and any appeals therefrom, or the expiry of all appeal periods, the Clerk of th•s Honourable Court shall returu the sealed documet•ts to the Information and Privacy Commissioner of Alberta, in c/o his counsel, pursuant to Sectiou 5 6(5) of the Freedom of Information and fi'rotection of •rivacy Act.
J.C.C.Q.B.A.
CONSENTED TO:
Solicitors for the Applicant, Imperial Oil Limited
CONSENTED TO:
Alberta .lustiee
RENEE CRAg? Solicitors for the Respondent, Alberta Environment/ Minister Environment
of
Entered •hl• "•
day
9, 2013 4:31PM JSS Barristers No, 1493 P, 16/21
Alberta Environment's initial written submission for the Commissioner and the Third Party only;
Alberta Enviror•ment's written rebuttal submission for the Commissioner and the Third Party only;
(e) Imperial Oil Limited's in camera initial written submission.
2. This Ho'nourable Court shall receive the sealed documents from the Respondent, the Information and Privacy Commissioner of Alberta, in a sealed envelope and the Clerk of this Honourable Cour• shall accept the sealed documents for'filing when presented in that manner..
3. The sealed do.cumen.ts shall remain sealed, except as otherwise provided hereirt, unless and t•ntil this Order is varied by this HonourabIe Court.
4. The Justice presiding over this Action may, notwithstanding: anything to the contrary herein, review the sealed documents in camera, and make such use of the sealed documents as the said presiding Justice determines.
5. To the extent that the presiding Justice takes possession of, and unseals, the sealed documents, the Clerk of this Honourable Court is hereby directed to re-seal th/• sealed documents, and to thereafter treat the sealed documents as remaining sealed, in accord•ce with this Order.
6. Any party to this Action may apply to tiffs Honourable Court, on seven days' notice to all other parties, to vary this Order.
7. At the conclusion of this action and any appeals the'refrom, or •e expiry of all appeal periods, the Clerk of this Honourable Cout* shall return the sealed documents to the Information and Privacy Commissioner of Alberta, in c/0 his counsel, pursuant to Section 56(5) of the Freedom oflnfbrmation and •Proteotion of Privacy Act.
CONSENTED TO:
Blake Cassels & Graydon LLP
DAREL SAMLIELSON Solicitors for the Applicant, Imperial Oil Limited
LC,C.Q.B.A.
CONSENTED TO:
Alberta Justice
RENEE CRAIG -x
for the Respondent, Solicitors Alberta Environment/ Minister Environment
of
Sep, No, 1493 P, 17/21 9, 2013 4:31PM JSS Barristers
-3-
CONSENTED TO:
City of Calgary Law Department
Solicitors for•e Respondent, City of Calgm•
TO: Clerk. oft:he Court
AND TO:
AND TO:'
Blake Cassels & Graydon LLP Attn: Do_tel Samuels•n Solicitors for the Applicant, Imperial Oil Limited
.% City of Calgary LaW Department Atm: Leila L Gosselin Solicitors for the RespoMent, City of Calgary
AND TO: Alberta Justice Attn: Renee Craig Solicitors for the Respondent, Alberta Environmertt / Min. ister of Environment
AND TO: Andrew Sims Solicitors for the Respondent, Environmental Appeals Board
ENTE•ne, 2008.
Cle•fthe Court /
CONSENTED TO:
ANDREW SIMS Solicitors fgr ,the. Respondent, Environmental Appeals Board
Sep, 9, 2013 4:31PM JSS Barristers No, 1493 P, 18/21
CONSENTED TO:
City of Calgary Law Department
LEILA J. GOSSELIN So.licitors for the Respondent,' City of Calgary
TO: Clerk of the Court
AND TO: Blake Cassels & Oraydon LLP Atta: .Darel Samu.elson Solicitors for the Applicant, Imperial Oil Limited
AND TO: City of Calgary Law Departmeat Atta: Leila.l'. dosselin Solicitors for the Respondent, City of Calgary
AND TO: Alberta Justice Attr•: Renee Craig Solicitors for the Respondent, Alberta Envirormaent / Minister of Environment
AND TO: 'Andrew Sims Solicitors for the Respondent,. gnviro,waental Appeals Board
ENTERED this day
ofJ•,2008• "•'•
Clerk o
eCo•m•
CONSENTED TO:
Solicitors for the Respondent, Environmental Appeals Board
,Sep, 9, 2013 4:31PM JSS B•rristers No, 1493
No. 0801o00878
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
•IDICIAL DISTRICT OF CALGARY
19/21
Between:
IN THE. MATTER OF THE FREEDOIV• OF INFORMATION AND PROTECTION OF PRIVACY
ACT, R.S.A. 2000, c. F.2S
AND IN' T• MATTER OF Order F2005•030 issued by the Office of the Information and Privacy
Commissioner on December 18, 2007
Applicant
CiTY OF CALGARY, THE •NFORMATION AND PRIVACY COMMISSIOlq-ER OF ALBERTA, HER MA3•STY THE Q•EN • RIGHT OF T•
PRO•CE OF •BBRTA • repr•en•ed by the •TER OF E•ONM•NT, and *he E•O•ENT• APPEA• BOA•
Rospondeats
ORDER OF TFIE INFORNfATION AND PRIVACY COIVLM•SS•ONER OF ALBERTA
MAY JENsEN SHAWA SOLOMON LL:P Barristers
#800 The Lancaster Building 304 8ill Avenue S,W.
Calgary, Alberta T2P 1C2
Gle• Solomon Phone: (403) .571-1507 Fax: (403). 571-1528
File: 10765 004
Sep, 9, 2013 4:31PM dSS Barristers No, 1493 P, 20/21
List of Counsel for the Respondents:
Darel Samuelson Counsel for Imperlal 0ii Limited Blake, Cassels & Croydon LLP 3S00, 855 2 Street SW Calgary, Alberta T2P 4J8 Telephone No: 403-260-9630 Fax No: 403-260-9700
Leila G. Gosselin Counsel for City af Calgary Law Department (8053) 12 th Floor, 800 Macleod Trail S.E. Calgary, AB T2G 2M3 Telephone No: 403-268-2428 Fax No: 403°268-463¢
Karen Munro Counsel for Her Majesty the Queen In Right of Alberta as Represented by The Minister of Environment Alberta Justice Lesal Services Division 2 Floor, $001:1. :109 Street Edmonton, AB TSJ 3S8 Telephone No: 780°644-2324 Pax No: 780-425oO3:10
Andrew Sims, Q.C. Counsel for Environmental Appeals Baard Alberta Justice :t49, $0403 122 Street Edmonton, AB TSN 4C3. Telephone No: 780-423-6807 Fax No: 780-423-68:13
SCHEDULE
{00•0368o
Sep, 9, 2013 4:31PM JSS Barristers No, 1493 P,
Notice to the Respondent:
A respondent who fails to comply with the requirements of the Alberta Rules of Court and the Court of Appeal Consolidated' Practice Directions, within the prescribed time, will not be allowed to present oral argument, nor be entitled to costs, unless otherwise ordered.
Failure to appear at the hearing may also lead to an order or judgment being made against the respondent in their absence.
Notice To All Parties;
Parties are required to provide, an address for service if it .is different than the address set out in this .document,
Parties are also required to noti• the Registrar of any change of address throughout the proceedings, to ensure that they can be contacted at all times.
An address for service within 30 kilometers of the office of tile Regis, trar must be provided (R.5(t)(b)(i)).
Appeal Number: Q.B. Number: 0801-00878
IN THE COURT OF APPEAL OF ALBERTA
BETWEEN: In the matter of the Freedom of Information and Protection of
Privacy Act, RSA 2000, o. F.25
And in the matter of Order F2005-030 issued by the Office of the Informat[on and Privacy Commissioner on December '18,
2007
Imperial Oil Limited
AND
City of Calgary, Her Majeaty the Queen in Right of the Province of Alberta as ,•epresented by the Minister of Environment,
and the Environmental Appeals Board
AND
(Alberta) Information and Privacy Commis•ioner
SEP 0 9 2013
COURT OF APPF_AL CALGARY.
CIVIL NOTICE OF APPEAL
Appellant(s) or counsel for the appellant(s): Glenn Solomon, Q,C.
N•me Jensen Shawa Solomon Duguid Hawkes LLP LaW Firm (if •pplicable) 800, 304- 8 Avenue SW
Addrea• Calgary, AB T2P IC2 Po•tal Cede 403-571-1507 403-571-1528
Telephone Number Fax, Number
21/21
Reapor•dent (Applicant)
Reepondents (Respondents)
Appellant (Respondent)
703670.PDF J 29t 9 (Rev. Pege 6 ef 6