Judicial Review

MO-1929

August 8, 2016

TORONTO POLICE SERVICES BOARD

Under the Municipal Freedom of Information and Protection of Privacy Act (the Act) the requester’s representative submitted a request to the Toronto Police Service (the Police). The requester is part-owner of an adult entertainment establishment. The request was for access to records relating to a number of incidents, inspections, meetings, investigations, tape-recorded discussions, searches and other activities including one alleged assault, which involved one or both of the requester’s named establishments, including the following:

1. From May to August, 1995, in relation to complaints received, investigations conducted, discussed or contemplated, reports prepared or received in relation to the requester or their respective business establishments, all records including data stored electronically created or kept by eight named officers;

2. From December 1 to 31, 1995, in relation to complaints received, investigations conducted, discussed or contemplated, reports prepared or received in relation to the requester, their employees, patrons and the requester’s respective business establishments, all records including data stored electronically created or kept by eight named officers;

3. From January 1 to February 28, 1996, in relation to the requester, their employees, patrons and the requester’s respective business establishments, all records including data stored electronically as created or kept by eight named officers;

4. From January 26 to 27, 1996, in relation to the requester, their employees, patrons and the requester’s one named business establishment, all records including data stored electronically created or kept by thirty-one named officers;

5. From December 1 to 31, 1996, in relation to the requester, their employees, patrons and the requester’s one named business establishment, all records including data stored electronically as created or kept by two named officers, and all other officers who were involved in this particular investigation;

6. From May 1 to 31, 1998, in relation to the requester, their employees, patrons and the requester’s one named business establishment, all records including data stored electronically kept by two named officers;

7. From August 21, 1998 and onwards, in relation to the involvement of police any way with respect to a named occurrence involving an assault on one of the requesters, all records including data stored electronically as created or kept by two named officers, and all other officers involved in this investigation;

8. From August 21 to September 30, 1998, in relation to the requester, their employees, patrons and the requester’s one named business establishment, all records including data stored electronically as created or kept by one named officers, and all other officers involved in the inspections;

9. On May 3, 1999, in relation to the requester, their employees, patrons and the requester’s one named business establishment, all records including data stored electronically as created or kept by two named officers, including specific information upon which a delivered notice was based;

10. On May 12, 1999, in relation to the requester, their employees, patrons and the requester’s respective business establishments, all records including data stored electronically kept by two named officers;

11. From May 3 to July 31, 1999, in relation to the requester, their employees, patrons and the requester’s respective business establishments, all records including data stored electronically as created or kept by two named officers, and all members of the Police who were involved in this occurrence;

12. The project proposals, correspondence, documentation, typewritten notes and all other material which led to the creation of "Project Almonzo", and correspondence, documentation and subsequent proposals relative to "Project Almonzo" from the inception of this project to its termination;

13. From July 1 to August 28, 1999, in relation to the requester, their employees, patrons and the requester’s respective business establishments, all records including data stored electronically as created or kept by one named officer;

14. From July 1 to August 15, 2000, in relation to the requester, their employees, patrons and the requester’s respective business establishments, all records including data stored electronically as created, kept by or made in relation to two named officers and all other members of the Police who were involved in the occurrence;

15. From September 5 to 9, 2000 in relation to the requester, employees, patrons and the requester’s respective business establishments, all records including data stored electronically as created, kept by or made in relation to one named officer and all members of the Police who were involved in the investigation;

16. On November 24, 2000, in relation to the requester, their employees, patrons and the requester’s one named business establishment, all records including data stored electronically as created or kept by one named officer and all other members of the Police who were involved in this occurrence;

17. From December 1, 2000 to March 31, 2001, in relation to the requester, their employees, patrons and the requester’s respective business establishments all records including data stored electronically as created, kept by or made in relation to one named officer and any other members of the Police who were involved in this occurrence.

The Police initially responded by issuing a time extension of an additional 270 days. The requester, now the appellant, appealed the time extension and appeal MA-030052-1 was opened.

Before the inquiry in the appeal was completed, the Police issued an interim decision and fee estimate. Order MO-1644 was issued in which the Police’s time extension was upheld and Appeal MA-030052-1 was closed.