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O R D E R INTRODUCTION: This appeal was received pursuant to subsection 50(1) of the Freedom of Information and Protection of Privacy Act, 1987 , (the " Act ") which gives a person who has made a request for access to a record under subsection 24(1) a right to appeal any decision of a head 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 . The facts of this case and procedures employed in making this Interim Order are as follows: 1. On February 16, 1989, Stadium Corporation of Ontario (the "institution") received a request for access to: ... any document regarding financial projections for consortium members doing business at SkyDome. It is my understanding that these projections exist for at least members Bitove and Cogan, and perhaps more. 2. Upon receipt of the request, the head issued notice to persons whose interests might be affected by the disclosure of the requested records, in accordance with section 28 of the Act . The head received representations from The Bitove Corporation, Cogan Corporation and Controlled Media Communications Inc. On May 2, 1989, the institution's Freedom of Information and Privacy Co-ordinator wrote to the requester advising that access was denied to the requested records as they were exempt from disclosure under subsections 17(1)(a), (b) and (c) and subsections 18(1)(a), (c), (d), (e), (f) and (g) of the Act . 3. By letter dated May 3, 1989, the requester appealed the head's decision. Notice of the appeal was given to the institution, the appellant and The Bitove Corporation, Cogan Corporation and Controlled Media Communications Inc., the three affected parties (the "third parties"). 4. The institution produced three records as being responsive to the request. These records were obtained and reviewed by an Appeals Officer. Initially, the institution indicated that the only corporations which were members of the Consortium and for whom relevant records existed at the time the request was made were The Bitove Corporation, Cogan Corporation and Controlled Media Communications Inc. As indicated above, only these corporations were given notice under section 28 of the Act . Accordingly, the records produced by the institution were only those related to these three corporations. 5. Settlement of the appeal was not effected and the matter proceeded to an inquiry. Notice that an inquiry was being held to review the decision of the head was sent to the institution, the appellant and the three third parties. 6. After representations were received from the parties, additional financial projections which were in the custody or under the control of the institution at the time of the appellant's request were identified. These are financial projections for "Baseball Rentals -- August 8, 1988" and "Skydome Tours ... August 8, 1988". These projections relate to the Toronto Blue Jays Baseball Club and the Toronto Sun Publishing Corporation, respectively. 7. The institution advised that these records were not included in the initial decision because the request was for financial projections for "Consortium members ", and the Corporations to whom these new records related were not Consortium members on February 16, 1989, when the appellant's request was received. It indicated that the execution of all legal documents making these corporations members of the Consortium did not occur until May, 1989. The appellant indicated that he wished to have access to financial projections for all Consortium members. He stated, "it makes no difference to my request that legal paperwork for six members was allegedly not completed until May. The SkyDome announced publicly that these companies were members many months before I made my request". 8. The institution agreed to treat these additional records as responsive to the initial request and denied access under sections 17 and 18 of the Act . It was agreed that the additional corporations (the Toronto Sun Publishing Corporation and the Toronto Blue Jays Baseball Club) would be notified of the appeal by the this office and would be given an opportunity to make representations. The appellant was advised of and agreed to this course of action. 9. On November 24, 1989, a further Notice of Inquiry was sent to the institution, the appellant and the two additional third parties. In accordance with the usual practice of this office, both the first and second Notice of Inquiry were accompanied by a report prepared by the Appeals Officer. This report is prepared in order to assist the parties in making the representations concerning the subject matter of the appeal. The Appeals Officer's Report outlines the facts of the appeal and sets out questions which paraphrase those sections of the Act which appear to the Appeals Officer, or any other parties, to be relevant to the appeal. Those sections of the Act paraphrased in the report include exemption sections cited by the head refusing access to a record or a part thereof. The report indicates that the parties, in making their representations, need not limit themselves to the questions set out in the report. 10. Representations were received from the institution, four of the third parties and the appellant and I have considered them in making my Order. The following records, which have been withheld from disclosure in their entirety, are at issue in this appeal: Record 1. This one page schedule contains a projection of estimated sale of food and beverages by The Bitove Corporation and the projected rental payments to be paid by the corporation to the institution for the years 1989 to 1999 and is dated August 8, 1989. Record 2. The institution's projected revenues for the years 1989 to 1999 are indicated in this one page schedule and entitled "Product Licensing and Royalties" and dated August 8, 1988. (This record is identified by the institution as relating to Cogan Corporation.) Record 3. The projected revenues for the years 1989 to 1999 are indicated in this one page schedule entitled "Advertising Revenue - Scoreboard and Signs" and dated August 8, 1988. (This record is identified by the institution as information pertaining to Controlled Media Communications Inc.) Record 4. This one page schedule of projected revenues
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