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Document
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M-498
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File #
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M-9400500
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Institution/HIC
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The Corporation of the Town of Markham
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Summary
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This is an appeal under the Municipal Freedom of Information and Protection of Privacy Act (the Act ). The Corporation of the Town of Markham (the Town) received a request from a local newspaper reporter for access to records relating to payments made by the Town for the services of an Assistant to one of its Councillors. The request was framed as follows: The records I would like access to date back to 1989 and the creation of Council's administrative fund. Specifically, I would like to view original invoices submitted by [a named individual] to the town for the years 1989, 1990, 1991, 1992, 1993 and 1994 and original cancelled cheques which were issued as a result of those invoices [emphasis added]. Initially, the Town responded to this request by indicating access was granted to the responsive records and quoting a fee. Prior to actually disclosing the records, however, the Town decided to notify the named individual, the Councillor's Assistant, that a request had been made for information which related to her. When this individual did not consent to the disclosure of the information, the Town decided to deny access to the records pursuant to the mandatory exemption provided by section 14 of the Act . The requester appealed the decision to deny access and implicitly raised the public interest provision set forth in section 16 of the Act . A Notice of Inquiry was sent to the appellant, the Town and the Councillor's Assistant (the affected person). Representations were received from all of the parties to the appeal. The records at issue consist of copies of nine invoices submitted by the affected person to the Town dated October, 1989 to May, 1993 and copies of the front and back of nine cheques dated November 22, 1989 to June 9, 1993 which correspond to the invoices.
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Legislation
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MFIPPA
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14(1)(f)
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14(4)(b)
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2(1) personal information (b)
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2(1) personal information (d)
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2(1) personal information (h)
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Subject Index
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Signed by
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Donald Hale
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Published
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Mar 27, 1995
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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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