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M-230

Document		M-230


File #		M-9300017


Institution/HIC		The Corporation of the City of York


Summary		The Corporation of the City of York (the City) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to records concerning a retaining wall located on a particular residential property, including any correspondence sent by the owner of the subject property in regards to the wall. The requester was the owner of the adjoining property. The City provided the requester with access to certain photographs, measurements and reports prepared by the City's staff. The City identified one other record responsive to the portion of the request relating to correspondence received from the owner of the subject property. The City notified the owner of the subject property (the affected person) under section 21 of the Act . The affected person objected to disclosure of his letter to the requester. The City denied access to the record under sections 8(1)(b) and 14(1) of the Act . The requester appealed the City's decision to refuse access to this record. Mediation was not successful and notice that an inquiry was being conducted to review the City's decision was sent to the City, the appellant and the affected person. Representations were received from all parties. The record at issue in this appeal is a letter written by the affected person to the City in response to a notice issued by the City's By-Law Enforcement Branch under the City's property standards by-laws. The notice of violation related to the retaining wall on the appellant's property.


Legislation		MFIPPA 14(1)(f) 14(2)(d) 2(1) personal information


Subject Index		opinions or views professional or corporate capacity relevant to a fair determination of rights


Signed by		Asfaw Seife


Published		Dec 01, 1993


Type		Order


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