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Document
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MO-1503
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File #
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MA-010228-1
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Institution/HIC
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City of Toronto
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Summary
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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 certain environmental studies undertaken with regard to a property development in the City. After notifying the owner of the property (the affected party) of the request under section 21 of the Act , and receiving no response, the City decided to disclose the records to the requester, in their entirety, and advised the affected party of its intention to do so. The affected party, now the third party appellant, appealed the City's decision to disclose the records to the requester on the basis that the information contained in the records was exempt from disclosure under section 10(1) of the Act (third party information). Mediation efforts were not successful and the appeal was moved into the adjudication stage of the process. I decided to seek the representations of the third party appellant, as he is the party resisting the disclosure of the records and bears the onus of proving that the exemption in section 10(1) applies. The third party appellant did not respond to the Notice of Inquiry provided to him. Because section 10(1) is a mandatory exemption, I am obliged to independently review the contents of the records in order to determine whether the third party information exemption applies to them, regardless of the absence of submissions from the third party appellant. The records consist of three documents: a) an Environmental Site Assessment (Phase I) for a specific address, dated October 1999; b) a second Environmental Site Assessment (Phase 11) for the same address, along with an adjacent property, dated September 2000; and c) a Clearance Environmental Site Assessment (Phase III) for the earlier addresses and an additional property, dated November 2000.
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Legislation
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Subject Index
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Signed by
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Donald Hale
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Published
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Jan 25, 2002
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Type
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Order
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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