Does Justice have physical possession or control of an email server used by a government employee?

In its submission, Justice acknowledged that it had physical possession of the records. However, Justice argued that the records are the personal records of the government employee and therefore they could not be considered to be in the possession or control of Justice. Justice referred to City of Ottawa v. Ontario as support for its position. It appears from the government employee’s affidavit, provided with Justice’s submission, that the government employee in question has emails of a personal nature that would be responsive to the access request.