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On December 5, 1990, a request was made to the Ministry of the Solicitor General (the "institution") for access to a report (the "record") written by an employee of the institution and submitted in support of that employee's claim for Workers' Compensation Board ("WCB") benefits. The requester wished to obtain a copy of the record because he had been informed that the other employee, who was his subordinate, had made derogatory remarks about him in the record, and that this had been a factor which was used against him in the context of a job promotion competition.
On January 31, 1991, the institution informed the requester that it had received representations from the author of the record, and that access was being denied pursuant to sections 21(1)(f), 21(2)(f) and 21(3)(a) of the Freedom of Information and Protection of Privacy Act (the "Act"). The requester appealed the decision to this office.
The Appeals Officer obtained and reviewed a copy of the record.
Mediation of the appeal was unsuccessful and the matter proceeded to an inquiry. Notices of Inquiry were sent to the institution, the appellant and the author of the record (the "affected person").
Written representations were received from all three parties.
After reviewing the representations, the Appeals Officer determined that sixty-four additional pages had been attached to the record. The parties agreed that this attachment should be considered as part of the record responding to the request, and the institution released the attachment to the appellant, subject to some minor severances. The appellant has advised this office that he is
satisfied with the institution's decision with respect to the attachment.
The appellant also stated that he is not seeking access to any information about the affected person's medical or psychological history. Accordingly, those parts of the record which contain information relating to the medical or psychological history of the affected person have been excluded from the scope of this appeal.
Therefore, the information at issue in this appeal is restricted to the parts of the record which contain information relating to employment-related incidents involving the appellant and the affected person.
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