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Document
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P-883
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File #
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P-9400375
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Institution/HIC
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Ministry of Consumer and Commercial Relations
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Summary
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NATURE OF THE APPEAL:
This is an appeal under the Freedom of Information and Protection of Privacy Act (the Act). The
Ministry of Consumer and Commercial Relations (the Ministry) received a request from a brewing
company for information regarding service charges and user fees levied by Brewers Retail Inc. and
its predecessor, Brewers Warehousing Company Limited, against brewing companies. The
requester also sought access to documents that related this information to the agreement in principle
and the subsequent Memorandum of Understanding (the MOU) entered into between Canada and the
United States to resolve the beer trade dispute between the two countries. The appellant is currently
involved in litigation related to these matters.
The Ministry located a total of 74 records which were responsive to the request and disclosed 36
records to the appellant. The Ministry decided, however, to deny access to the remaining 38 records
in their entirety based on the following exemptions contained in the Act:
$ Cabinet records - sections 12(1)(d) and (e)
$ advice or recommendations - section 13(1)
$ relations with other governments - section 15
$ third party information - section 17(1)
$ valuable government information - section 18(1)(a)
$ solicitor-client privilege - section 19
A Notice of Inquiry was provided to the parties to the appeal, including 11 companies and
individuals whose interests might be affected by the disclosure of the records (the affected parties).
Representations were received from the Ministry, the appellant and seven affected parties.
A description of the 38 records which remain at issue in this appeal along with the exemptions
claimed for each is contained in Appendix "A" which is attached to this order.
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Legislation
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Subject Index
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Signed by
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Anita Fineberg
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Published
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Mar 02, 1995
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Type
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Order
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Judicial Review
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Institution's application dismissed December 21, 1995
Institution's motion for leave to appeal refused May 28,
Ontario (Minister of Consumer and Commercial Relations) v. Fineberg, Toronto Doc. 220/95 (Div. Ct.), leave to appeal refused [1996] O.J. No. 1838 (C.A.)
Court of Appeal Decision
Divisional Court Decision
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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