On July 8, 1991, the undersigned was appointed Assistant Commissioner and received a delegation of the power and duty to conduct inquiries and make orders under the Freedom of Information and Protection of Privacy Act, 1987 (the "Act").
The following request was made to the Liquor Control Board of Ontario (the "institution"):
I wish to make formal application under the FOI Act for a copy of the report prepared by [a named individual] following his investigation of my complaint regarding travel expense claims by [a named individual].
The institution responded by denying access to the requester under section 21(1) of the Act. The institution stated that disclosure of the report which was responsive to the request (the "record") would constitute an unjustified invasion of the personal privacy of persons referred to in the record.
The requester wrote to this office appealing the institution's decision to deny access.
Notice of the appeal was given to the institution and the appellant. The Appeals Officer assigned to the case subsequently obtained and reviewed a copy of the requested record.
Because mediation efforts were not successful, notice that an inquiry was being conducted to review the head's decision was sent to the institution and the appellant. Notice was also given to 11 persons whose names appeared in the record (the "affected persons"). One of these persons was the individual named in the
request as the subject of the investigation (the "primary affected person"), and another was the author of the record. The other persons were employees of the institution who worked in the same department as the appellant, all of whom were interviewed as part of the investigation which led to the production of the record at issue in this appeal (the "other affected persons") . An Appeals Officer's Report, which is intended to assist the parties in making any representations to the Commissioner concerning the subject matter of the appeal, accompanied the Notice of Inquiry.
Representations were received from the institution, the appellant, the primary affected person, the author of the record, and 8 of the other affected persons.