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Document
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MO-1844
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File #
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MA-030086-2
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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 an access request under the Municipal Freedom of
Information and Protection of Privacy Act (the Act). The requester (now the appellant) asked for
information concerning his neighbour’s dog. Specifically, the appellant requested:
A complete copy of [identified person and address] dog records for attackings,
chargings and barkings to strangers [pursuant to complaints].
In his request the appellant cited two known complaints about the dog, one that he filed on June
24, 1997 and an earlier one by a letter carrier. He stated that the dog in question had been put to
death by its owner.
The City issued a decision letter in which it confirmed that the appellant had clarified his request
to include all records on file pertaining to the dog as well as information regarding the date of
death of the animal. The City denied access to records stating that no responsive records exist.
The City indicated that a thorough search had been conducted, including a search of archival
records, by the Toronto Public Health Animal Control Service.
The appellant appealed the City’s decision. In his letter of appeal, the appellant stated that the
dog had been deliberately euthanized on November 26, 2002 to destroy the evidence of its
attacking records.
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Legislation
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Signed by
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John Swaigen
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Published
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Oct 01, 2004
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Type
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Order
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Judicial Review
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Requester's application dismissed November 7, 2005
Requester's motion for leave to appeal dismissed by the Court of Appeal February 3, 2006
Requester's application for leave to appeal to the Supreme Court of Canada dismissed June 22, 2006
Tsai v. Ontario (Health Professions Appeal and Review Board), [2005] O.J. No. 4922, Tor. Doc. 37/05 (Div. Ct.); motion for leave to appeal to the Court of Appeal dismissed, Doc. M33188 (C.A.); application for leave to appeal to the S.C.C. dismissed, [2006] S.C.C.A. No. 118, File No. 31401 (S.C.C.)
Divisional Court Decision
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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