Document

M-679

File #  M-9500459
Institution/HIC  Corporation of the City of London
Summary  The appellant brought a civil action against the City of London (the City) and two other parties for damages resulting from a slip and fall accident. He attended an examination for discovery in connection with the action. Subsequently, he submitted a request to the City under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to a copy of the proceedings at the discovery, and information about the creation of a bicycle path in the area where the slip and fall accident occurred. In response to the request, the City quoted a fee for the transcript. The fee included a charge for photocopying 89 pages at 20 cents per page, plus levies for the Goods and Services Tax (GST) and provincial sales tax (PST), for a total charge of $20.47. A charge of $30 was also levied for preparing the record for disclosure. The total fee in connection with the transcript was $50.47. In addition, the City provided access to information in its possession about the bicycle path. The appellant filed an appeal of the fee charged in connection with the transcript. In his appeal letter, the appellant objected to the amount of the fee charged, and commented that the defendants in the action (which include the City) should provide him, the plaintiff, with a free copy of the transcript. A Notice of Inquiry was sent to the City and the appellant. Because the records appeared to contain the appellant's personal information, for which fees may not be levied under the Act , the Notice of Inquiry raised this as an issue. In response to the Notice of Inquiry, representations were received from both parties. The issues in this appeal are whether the City is entitled to charge the appellant for the transcript, and if so, whether the fees are in accordance with the applicable sections of the Act , and of R.R.O. 1990, Reg. 823 (the Regulation).
Legislation
  • MFIPPA
  • 45(2)
  • 45(1)
Subject Index
Signed by  John Higgins
Published  Dec 28, 1995
Type  Order
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