posted September 21 2007
The City of Toronto (the City) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for access to the following information:
1) Request for Proposal No. 9119-03-7275.
2) Loan agreement with the Federation of Canadian Municipalities for Green Municipal Investment Fund (GMIF) on financing.
3) Report: “A Framework for Establishing an Energy Retrofit Program and Financing Strategy.”
4) Any interim or final document from [a named company] giving recommendations for City arenas and A.I.R. [artificial ice rinks] energy savings (incl. Committee minutes).
The City granted access to the records responsive to Items one and three of the request.
In response to Item two, the City determined that no records existed, as the agreement had not been completed. In response to Item four, the City advised that disclosure of the responsive record might affect the interests of a third party (the affected party), under section 10(1) of the Act. The City provided the affected party with an opportunity to make representations concerning disclosure of the record under section 21 of the Act.
After receiving representations from the affected party, the City advised the requester that a decision had been made to deny access to the responsive record, pursuant to the mandatory third party information exemption in section 10(1) of the Act.
The requester (now the appellant) appealed the City’s decision.