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The Ontario Human Rights Commission (the OHRC) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to all records related to a complaint against the requester, including the written complaint, the investigator's notes, the OHRC's counsel's notes, and the transcript of the hearing relevant to the complaint. The OHRC granted access to a typewritten version of the complaint, and denied access to the remaining records pursuant to sections 14(1)(a) and (b), 14(2)(a) and 19 of the Act. The requester appealed the OHRC's decision.
Mediation of the appeal was not successful, and notice that an inquiry was being conducted to review the OHRC's decision was sent to the OHRC, the appellant, the person who made the complaint (the named individual), and a representative of other individuals named in the records (the representative). Written representations were received from the OHRC, the appellant, and the representative. In its representations, the OHRC also cited exemptions under sections 49(a) and (b) of the Act.
The representative provided written consent from six individuals to disclosure of any information pertaining to them in the records to the appellant. In addition, the representative consented to disclosure of any information relating to a named police service in the records to the appellant.
In his representations, the appellant narrowed the scope of his request to include only the following information:
1. [The named individual's] written complaint. ["Written" was clarified by the appellant to mean handwritten] ...
2. [OHRC investigator]'s investigative notes pertaining to [the appellant] [including notes taken at a hearing held in November, 1990] ...
3. Solicitor G. Sanson's notes which were compiled at the hearing in November, 1990.
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