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The Ministry of Transportation (the Ministry) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to "records detailing the amount of compensation paid" for a named piece of property which had been expropriated for the construction of a highway. The Ministry originally denied access to the responsive record, claiming the application of sections 18(1)(c) and (d) of the Act. The appellants appealed the Ministry's decision to deny access to the responsive record.
During the mediation stage of the appeal, the Ministry amended its decision, advising the appellants that it no longer relied upon the exemptions in sections 18(1)(c) and (d). The Ministry also determined that the rights of another individual (the affected person) may be affected by the disclosure of the information contained in the record. Pursuant to section 28 of the Act, the Ministry notified the affected person, seeking this individual's views on the disclosure of the requested information.
The affected person did not respond within the 30-day period prescribed in the Ministry's notification. However, the Ministry again contacted the affected person, who objected to the disclosure of the requested information. The Ministry then advised the appellants that access to the responsive record was denied under section 21 of the Act, as the information requested was subject to the presumption described in section 21(3)(f) of the Act.
Also during mediation, the appellants agreed to limit the scope of their request to include only "the total fee set out in the expropriation agreement which is related to the request".
I provided a Notice of Inquiry to, and received representations from, the appellants. In the circumstances, it was not necessary for me to seek representations from the Ministry or the affected person.
The only information at issue in this appeal is the dollar value of the compensation specified in a document entitled "Agreement as to Compensation & Possession for Land Required by the Ministry of Transportation."
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