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OF BRITTEN COLUMBIA S-19 2594 VANCOUVER REGISTRY MAR 11 2018 VANCOUVER REGISTRY gh IN THE SUPREME COURT OF BRITISH COLUMBIA. IN THE MATTER OF THE JUDICIAL REVIEW PROCEDURE ACT RS.B.C. 1996, c. 241 VANCOUVER WHITECAPS FC LP PETITIONER AND: INFORMATION AND PRIVACY COMMISSIONER FOR BRITISH COLUMBIA, BC PAVILION CORPORATION, and ROBERT J. MACKIN RESPONDENTS PETITION TO THE COURT ON NOTICE TO: Information and Privacy Commissioner for British Columbia 4th Floor, 947 Fort Street Victoria BC V8V 3K3 BC Pavilion Corporation #200 — 999 Canada Place Vancouver, BC V6C 3C1 Attention: Clark Ledingham Robert J. Mackin: 1 Attorney General of British Columbia Deputy Attorney General Ministry of Attomey General PO Box 9290 Stn Prov Govt Victoria, BC V8W 917 LeEGAL_30799534.3 -2- This proceeding has been started by the petitioner for the relief set out in Part 1 below, by the Vancouver Whitecaps FC LP. If you intend to respond to this petition, you or your lawyer must (@) file a response to petition in Form 67 in the above-named registry of this court within the time for response to petition deseribed below, and (®) serve on the petitioner(s) i) 2 copies of the filed response to petition, and (Gi) 2 copies of each filed affidavit on which you intend to rely at the hearing. Orders, including orders granting relief claimed, may be made against you, without any further notice to you, if you fail to file the response to petition within the time for response, Time for response to petition A response to petition must be tiled and served on the petitioner(s), (@) if you were served with the petition anywhere in Canada, within 21 days after that service, (b) if you were served with the petition anywhere in the United States of America, within 35 days after the date of that service, (©) if you were served with the petition anywhere else, within 49 days after that service, or (@) if the time for response has been set by order of the court, within that time, (The address of the registry is: Vancouver Law Courts 800 Smithe Street Vancouver, B.C. (2) The ADDRESS FOR SERVICE of the Petitioner is: c/o McMillan LLP 1500 — 1055 West Georgia Street Vancouver, B.C. V6E 4N7 Telephone: 604-893-7639 Attention; Joan M. Young and Natalie Cuthill Fax number for service (if any) of the petitioner: NIL E-mail address for service (if any) of the petitioner: joan.young@memillan.ca (@) The name and office address of the petitioner's lawyer is: Same as address for service. LEGAL_30799534.3 -3- CLAIM OF THE PETITIONER Partl: ORDERS SOUGHT The Petitioner applies forthe following: L an order in the nature of certiorari quashing and setting aside the January 25, 2019 Order F19-03 (“Order”) of a delegate of the Information and Privacy Commissioner (“Commissioner”), in which the Commissioner's delegate ordered the Respondent, BC Pavilion Corporation (“PavCo"), to give the Respondent, Robert J. Mackin (“Mackin”), access to information (the “Redacted Information”); 2. an order and declaration that the Order is ultra vires; 3. a declaration that PavCo may refuse to disclose the Redacted Information to Mackin pursuant to sections 17 or 21 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165.(the “Act”); 4, in the altemative, an order that the matter be remitted back to the Commissioner with a direction that the Commissioner reconsider the Order; 5. costs; and 6. such further and other relief as this Honourable Court deems just. Part2: FACTUAL BASIS 1. The Petitioner Vancouver Whitecaps FC LP (“Whitecaps”) is extra-provincially registered in British Columbia. The Whitecaps is a privately-owned professional soccer club that operates a soccer team in Major League Soccer, which is the top soccer league in the United States and Canada. 2 ‘The Respondent Commissioner is appointed by the Lieutenant Governor to the position of Information and Privacy Commissioner and is an officer of the Legislature of the Province of British Columbia. LeGAL_30799534.3