|
|
|
|
|
|
|
|
|
|
|
|
|
|
Document
|
|
M-120
|
|
|
|
|
|
File #
|
|
M-9200133
|
|
|
|
|
|
Institution/HIC
|
|
Metro Toronto Licensing Commission
|
|
|
|
|
|
Summary
|
|
The Metro Toronto Licensing Commission (the Commission) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to all documents related to an allegation of assault made by the requester. The requester was an employee of the Commission and the alleged incident occurred at her place of employment. The Commission identified 22 responsive records and provided access to some and denied access to others pursuant to sections 7 and 14 of the Act . The requester appealed the decision to deny access and also claimed that additional responsive records had not been identified by the Commission. During the appeal, the appellant elaborated on her claim about additional records. She stated that there should be two records: a record of a November 22, 1991 phone call with an employee of the personnel department at the Municipality of Metropolitan Toronto and a Worker's Compensation Board report of the same date. The Commission located both the report and the notes of the November 22, 1991 phone call and released them to the appellant. The appellant was contacted after these records were released and provided with an opportunity to comment. She did not respond. In the absence of specific concerns of the appellant, I find that the issue of whether additional records exist is resolved. Further mediation was not possible, and notice that an inquiry was being conducted to review the Commission's decision was sent to the Commission and the appellant. Both parties made representations. In its representations, the Commission indicated that it was prepared to release more records to the appellant and that it was raising sections 12 and 38(a) of the Act as an additional exemption claim. The records which remain at issue together with the exemptions claimed are as follows (The numbers correspond to the numbers used in Appendix B to the Notice of Inquiry): 1. A single page consisting of typewritten notes of the Acting Field Manager about a meeting held on January 8, 1992 regarding the alleged assault against the appellant - withheld in its entirety pursuant to section 12 of the Act . 2. Eight pages of handwritten notes of a department head about the meeting held on January 8, 1992 regarding the alleged assault against the appellant - withheld in their entirety pursuant to section 12 of the Act . 3. Eight pages of handwritten notes prepared by a department head for the meeting of January 8, 1992 regarding the alleged assault against the appellant - partially withheld (the first 3 1/2 pages have been disclosed) pursuant to section 12 of the Act . 6. A three-page memorandum from the Director of Administration to the Department Head, dated November 22, 1991, partially disclosed, severances made pursuant to section 7 of the Act . 7. Twelve pages of documents, consisting of various memoranda and letters addressed to the General Manager of the Commission from the person against whom the assault allegation was made (the affected person) or by counsel to the affected person - withheld in their entirety pursuant to sections 12 and 14 of the Act (pages 4 to 8 were exempted under section 14, and pages 1 to 3 and 9 to 12 were exempted under section 12).
|
|
|
|
|
|
Legislation
|
|
-
MFIPPA
-
14(1)(f)
-
14(2)(d)
-
14(2)(f)
-
14(2)(h)
-
2(1) personal information
-
7(1)
-
Section 12
|
|
|
|
|
|
Subject Index
|
|
|
|
|
|
|
|
Signed by
|
|
Asfaw Seife
|
|
|
|
|
|
Published
|
|
Apr 16, 1993
|
|
|
|
|
|
Type
|
|
Order
|
|
|
|
|
|
<<
Back
|
|
|
|
Back to Top
|
 |
|
|
|
© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
|