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Document
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MO-1184
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File #
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MA-980148-1
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Institution/HIC
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City of Hamilton
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Summary
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The City of Hamilton (the City) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) from a member of the media for the following information: Records including, but not restricted to, reports and documents regarding the motion adopted by city council on May 21/98 respecting the settlement of Ontario Court Action #11893-96, the result of mediation on May 19 & 20/98 with Mr. Justice John White. Specifically, the terms & conditions, including financial payments, of the settlement with [a named individual] in his wrongful dismissal action against the City of Hamilton, [and named employees or former employees]. The City identified one responsive record, consisting of the five-page handwritten Minutes of Settlement (the Settlement Agreement) between the City, the named individual and other named employees/former employees, together with three handwritten or typewritten schedules totalling an additional six pages. The record is dated May 20, 1998. The City denied access to this record in its entirety on the basis of the following exemptions contained in the Act : economic and other interests - sections 11(c) and (d) solicitor-client privilege - section 12 invasion of privacy - section 14(1) The requester, now the appellant, appealed the City's decision, and also raised the possible application of the "public interest override" contained in section 16 of the Act in support of her position that the record should be disclosed. A Notice of Inquiry was provided to the City, the appellant, the named individual, and the five named employees/former employees who were parties to the settlement. Representations were received from the City, the appellant, and one of the former employees (the affected party), but not from the named individual and the other four employees/former employees.
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Legislation
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MFIPPA
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11(c)
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11(d)
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14(1)(f)
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14(2)(a)
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14(3)(d)
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14(3)(f)
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14(3)(g)
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Section 12
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Section 16
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Subject Index
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Signed by
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Tom Mitchinson
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Published
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Jan 21, 1999
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Type
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Order
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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