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On August 10, 1989, a request was received by the Ontario Human Rights Commission (the "institution") under the Freedom of Information and Protection of Privacy Act, 1987, as amended (the "Act"). The requester sought access to:
1. All intake documents relating to the complaint of [a named individual] against [a named company] and [two named employees], Ontario Human Rights Commission Complaint No. 10-618C.
2. All written statements of any person relating to the Complaint of [the named individual].
3. All notes of any interview with any person regarding the Complaint of [the named individual].
4. The investigation file relating to the complaint of [the named individual].
On September 28, 1989, the institution's Freedom of Information and Privacy Co-ordinator wrote to the requester denying access in the following manner:
1. access was denied to all intake documents pursuant to subsections 14(1)(a), (b), (c) and 14(2)(a) of the Act;
2. access was denied to all written statements of any person relating to the complaint pursuant to subsections 14(1)(a), (b), (c) and (d) and 21(1) of the Act;
3. access was denied to all notes of interviews pursuant to subsections 14(1)(a), (b), (c), (d), 14(2)(a) and 21(1) of the Act; and
4. access was denied to the investigation file pursuant to subsections 14(1)(a), (b), (c), (d), 14(2)(a) and 21(1) of the Act.
By letter dated October 10, 1989, the requester appealed the decision of the head pursuant to subsection 50(1) of the Act. This subsection gives a person who has made a request for access to a record under subsection 24(1) or a request for access to personal information under subsection 48(1) a right to appeal any decision of a head of an institution under the Act to the Commissioner. On January 5, 1990, the undersigned was appointed Assistant Commissioner and received a delegation of the power to conduct inquiries and make Orders under the Act.
Notice of the appeal was given to the institution and the appellant on October 13, 1989.
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