Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

               Citation:   Coates v. Capital District Health Authority, 2012 NSSC 283

 

Date: 20120724

Docket: Hfx No. 314177

Registry: Halifax

 

Between:

Rosanne Coates

Applicant

- v. -

 

Capital District Health Authority         

 

Respondent

- v.

 

Dr. Stephen Sheehan and Dr. Anil Rickhi

 

Third Party Respondents

 

LIBRARY HEADING

 

Judge:             The Honourable Justice Patrick J. Murray

 

Heard:                        February 19, 2012, in Halifax, Nova Scotia

 

Final Written

Submissions: March 15, 2012

 

Written Decision:     July 24, 2012                                               

 

Subject:                      Freedom of Information and Protection of Privacy Act, S.N.S., 1993 c. 5 (The Act) - FOIPOP Application

 

Summary:                  The Applicant filed a motion seeking disclosure under Rule 85, of audio recordings and investigation materials.  The materials had been earlier redacted as part of a previous FOIPOP application.  The tapes and redacted materials were sealed and held by the Court.

 

Issue:                          Should the recording and materials be disclosed to the Applicant?

 

 

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Result:                        The motion for disclosure of the recordings, for listening, was granted.  The motion for disclosure of the investigation was denied.  The court detailed the form of order and further required an Undertaking pursuant to Rule 85.02 by the parties.

 

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