C-Core has filed an application at the Supreme Court of Newfoundland and Labrador to intervene in the case Neil Bose, The President and Vice-Chancellor Pro Tempore of Memorial University of Newfoundland v. Michael Harvey, in his capacity as The Information and Privacy Commissioner of Newfoundland and Labrador et al.
Cox & Palmer lawyers G. Todd Stanley, Michael Hrabowsky, and Lynn A. Sullivan are representing C-Core.
In late 2023, an access-to-information request was filed for all bonuses and special payments made to C-Core executives and bonuses paid to C-Core management employees from January 1, 2019, to October 23, 2023.
Memorial denied access to the requested information, arguing that the records were not in its custody or control and that C-Core is not a public body.
The Commissioner published a report on February 8, 2024, that found Memorial does have custody or control of the information. Memorial disagreed with the ruling and decided to seek declaratory relief from the Court.
C-Core argues that any decision by the Court in favour of Memorial’s ability to obtain the requested records from C-Core based on the Commissioner’s findings will have significant implications for the operation of C-Core and would “incorrectly characterize the relationship between Memorial and C-Core with respect to disclosure obligations created by virtue of the ATIPPA and the PSCTA.”
C-Core plans to provide information regarding the nature and extent of the relationship between C-Core and Memorial as it relates to Memorial’s level of control over C-Core.
C-Core argues that it is the only party with knowledge of its financial reporting obligations under applicable legislation.
C-Core states that their submissions will relate primarily to the nature of the relationship between C-Core and Memorial, the interpretation of statutory provisions regarding the exclusion of C-Core from disclosure requirements under legislation and C-Core’s status as a Separately Incorporated Entity (SEI).
The President and Chief Executive Officer of C-Core, Paul Griffin, provided an affidavit.
Download the court application below:
Matt Barter is a fourth-year student in the Humanities and Social Sciences Faculty at Memorial University of Newfoundland, majoring in Political Science with a minor in Sociology. He enjoys reading thought-provoking articles, walks in nature, and volunteering in the community.
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