The city received a request for electronic communications of elected officials and city staff during two city meetings. The city claimed that portions of the communications are subject to solicitor-client privilege (section 12) and should not be disclosed. The city also claimed that it did not have custody or control over certain records. In this order, the adjudicator upholds the city’s claim that portions of the records are subject to solicitor-client privilege. He also finds that the city has custody or control over communications between city staff but not over communications between elected officials, including the mayor. The adjudicator upholds the city’s decision in part and orders it to issue a decision regarding access to communications between city staff.
MO-4560
Collection
Access to Information Orders
Date
File Numbers
MA21-00010
Adjudicators
Steven Faughnan
Decision Type
Order
Applicable Legislation
MFIPPA - 4(1)
MFIPPA - 12
Municipal Act - Section 226.1
Planning Act, RSO 1990
The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c 11 - 8