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Document
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PO-1983
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File #
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PA-000385-2
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Institution/HIC
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Ministry of the Solicitor General
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Summary
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On or about January 31, 2000, a fire occurred at a commercial property, apparently originating on the premises of one of the tenants. The fire resulted in extensive property damage. The Office of the Fire Marshal (the OFM) investigated the fire. This investigation was conducted primarily by an investigator and an engineer employed by the OFM. Their investigation pointed to two refrigeration units (the units) as the suspected point of origin of the fire. The appellant is an insurance adjuster representing the insurer of the company that manufactured the units. This company was identified as a "stakeholder" in the investigation conducted by the OFM, as were a number of other companies, including the tenant on whose premises the fire allegedly originated. On September 5, 2000, the appellant submitted a request to the Ministry of the Solicitor General (the Ministry) under the Freedom of Information and Protection of Privacy Act (the Act ) for a copy of the findings of the named investigator and engineer at the OFM relating to the fire. On November 2, 2000, the Ministry denied access to the requested records on the basis of sections 14 (law enforcement) and 21 (invasion of privacy). The Ministry indicated that the matter "is currently under investigation". The appellant appealed this decision and Appeal PA-000385-1 was opened. On December 13, 2000, following receipt of the Confirmation of Appeal, the Ministry wrote to this office to advise that "there are no responsive records". On January 16, 2001, the Ministry advised the mediator assigned to the file that it interpreted the appellant's request for "findings" as only encompassing the final reports prepared by the named OFM staff. The Ministry confirmed with the mediator that final reports had not been completed by these two individuals and therefore, the decision should be that no records exist. The Ministry indicated that it intended to issue a revised decision to the appellant to reflect this. The appellant disagreed with the Ministry's interpretation of his request, indicating that he was seeking any correspondence, field notes and any other records relating to the investigation. He did not accept that records relating to the OFM investigation into the fire did not exist. During mediation of Appeal PA-000385-1, the Ministry issued a revised decision letter (undated but received at this office on January 18, 2001) to the appellant claiming that no records exist. The appellant subsequently agreed to submit a new request detailing those records he wished to receive and the appeal file was closed.
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Legislation
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FIPPA
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21(3)(b)
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24(1)
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Section 19
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2(1)
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17(1)
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Subject Index
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Signed by
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Laurel Cropley
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Published
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Dec 24, 2001
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Type
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Order
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Information and Privacy Commissioner of Ontario. All Rights Reserved.
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