Since that date, the commissioner has issued at least one
decision whereby it has refused access to records which do not
include identifying information associated with individuals or
facilities by citing the exclusion created by s. 65(5.7) of FIPPA:
see Order PO-3222; Ontario (Ministry of Health and Long-Term
Care) (Re),  O.I.P.C. No. 156, 2013 CanLII 38913 (I.P.C.).
This was the request made by the applicant Patricia Maloney.
Her application was denied by the commissioner and she
appealed the matter to Divisional Court. Prior to the Divisional
Court hearing, Ontario offered to provide the requested information “outside of the FIPPA framework”. Ontario then took the
position that the application for judicial review was moot.
 The exact nature of the records relating to abortion services which are being sought by the applicants is unclear. The
applicants’ factum makes mention of general statistical information which is non-identifying. Also, it is unclear whether the
applicants have made abortion services-related requests directly
to health care institutions and what the outcome was. Ontario
states that no such requests have been made beyond the March
2012 request by Ms. Maloney described above.
 In October 2016, the applicants commenced this application seeking to strike down s. 65(5.7) of FIPPA as violating
s. 2(b) of the Charter. As part of Ontario’s responding materials
in this application, Ontario has voluntarily disclosed that the
total number of abortions billed in Ontario in fiscal year 2014–
15 was 45,471.
 The parties provided the court with the statistical information available through the Canadian Institute for Health
Information (“CIHI”) relating to abortions performed in hospitals. CIHI also obtains the information from clinics who volunteer statistics related to abortion services. The CIHI data for
2014 identified that 23,746 abortions were performed in Ontario
in that year. I thereby conclude that the information CIHI
reports on represents less than 50 per cent of the total number
of abortions in 2014–2015 — and thus less than 50 per cent of
the statistics on abortions are publicly available at the moment.
Position of the Parties
Position of the applicant
 The applicants contend that prior to the enactment of
Bill 122, FIPPA dealt with records related to abortion services.
Applications were decided under the previous legislation by
applying the various exemptions provided for under FIPPA and
identifying information associated with individuals or facilities