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The City of Peterborough (the City) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for a copy of the entire correspondence and inspection files and any other correspondence in possession of the Fire department regarding a named address, including the dates and times that a named Fire Prevention Officer inspected and visited the address.
The City responded by releasing fourteen records. The requester was not satisfied with this response, and appealed the City's decision, claiming that additional responsive records should exist.
After receiving notification of the appeal, the City issued a second decision letter to the appellant, providing access to eight additional records, but denying access to other responsive records on the basis that:
We have been advised by the Fire Chief that any other information actually in their file has been used for the purposes of law enforcement ... . All this information are memoranda between the City Solicitor and Fire Prevention Officers, or vice versa, providing advice or commentary in relation to possible prosecution for [various requirements under the Fire Code, Fire Marshall's Act, or other provincial legislation].
This information is subject to solicitor-client privilege since they are communications from or to the City Solicitor incidental to possible prosecution and law enforcement purposes.
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