A real estate developer that owned land in Oshawa asked Metrolinx for records about the eastward expansion of GO Transit from Oshawa to Bowmanville, including those relating to recommended routing for the train line and Metrolinx’s expropriation of land from private businesses to build stations and other infrastructure.
Metrolinx gave the developer some records but denied access to others under several exemptions in the Freedom of Information and Protection of Privacy Act: sections 12(1) (Cabinet records), 13(1) (advice and recommendations), 17(1) (third party information), 18(1) (economic and other interests), 19 (solicitor-client privilege) and 21(1) (personal privacy).
In this order, the adjudicator finds that most of the records are exempt from disclosure under the exemptions claimed by Metrolinx. However, he finds that some records are not and orders Metrolinx to give them to the developer.