Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 176 Administration of an estate means the management and settlement of the estate of a deceased, including selling, collecting, and liquidating assets, paying debts, and making claims for funds owing or exercising any right of a financial benefit of the deceased.305 The duties of an executor in administering an estate in Saskatchewan are not always limited to winding up the estate. There is a function of administration that includes the management of the estate and considerations of what assets may exist or may come into existence (such as when an estate sues for damages resulting from a wrongful death) and form part of the estate to be administered.306 An example of a case where disclosure may be necessary for this purpose would be where a widower needs information to help decide whether to proceed with litigation related to the partner’s death.307 IPC Findings In Review Report 098-2015, the Commissioner considered the equivalent provision in The Freedom of Information and Protection of Privacy Act (FOIP). The Applicant requested records from Saskatchewan Government Insurance (SGI) related to her deceased son’s auto claim file. SGI denied access to some of the information under subsection 29(1) of FOIP because the information was the personal information of the Applicant’s deceased son. The Commissioner considered subsection 59(a) of FOIP and determined that the Applicant was appointed Administrator of her son’s estate. Further, the Applicant requested the information to challenge SGI’s decision to deny her son’s claim. The Commissioner found that this related to the administration of her son’s estate. The Commissioner recommended the personal information of the Applicant’s son be released to the Applicant. 305 SK OIPC Review Report 098-2015 at [16]. 306 SK OIPC Review Report LA-2009-002/H-2009-001 at [106]. 307 Service Alberta, Resource, Bulletin #16, Personal Information of Deceased Persons at p. 3.
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