The Genesis Group Inc. 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.
McInnes Cooper lawyers J. Alex Templeton and Catherine Hutchens are representing Genesis Group Inc.
In late 2023, an access-to-information request was filed for all bonuses and special payments made to Genesis executives and all incentives paid to Genesis 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 Genesis 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.
Genesis argues that it is positioned to be significantly impacted by the Court’s decision. Genesis states that it will be forced to review and/or revise its employment contracts should information about its employees’ compensation be subject to public access.
Genesis also argues that it could cause trouble conducting its core business, which includes attracting and providing support to promising technology start-ups, if information held by Genesis is subject to the public right of access under the ATIPPA, 2015.
Genesis states that during the proceeding that it will be providing evidence regarding its information storage procedure/system, its management structure, its governance structure, and the extent to which information is shared.
Genesis plans to provide its evidence to the Court via witness and Chair of the Board of Directors of Genesis Group Inc. Sherry Walsh.
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.
Leave a Reply