The appellant submitted a request to the City of Etobicoke (the City) under the Municipal Freedom of Information and Protection of Privacy Act (the Act). He requested access to the cellular telephone billing for a named City Councillor from October 1, 1995 to December 1, 1996, respecting each call made to 911 or the Metropolitan Toronto Police.

The City responded to the request by refusing to confirm or deny the existence of responsive records. In this regard, the City relied on section 14(5) of the Act.

The appellant appealed this decision.