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Document
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M-258
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File #
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M-9200278
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Institution/HIC
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Toronto Board of Education
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Summary
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The Toronto Board of Education (the Board) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act) for access to: (a) Copies of all invoices paid to [a named accounting firm] for the years 1989, 1990, 1991 and January to May 21, 1992, including invoices paid under Account No. 61342 [invoices pertaining to forensic and investigative audits]. (b) Copies of all invoices paid to [a named company] for the years 1991 and 1992 to May 21, 1992. (c) Copies of all invoices paid to [a second named company], including invoices paid to [two individuals] for private investigative services provided to departments under the direction of the Comptroller of Buildings and Plant for 1991 and 1992 to May 21, 1992. The Board issued a decision granting partial access to the records responsive to part (a) of the request and, pursuant to section 8(3) of the Act , refused to confirm or deny the existence of records responsive to the remainder of the request. In addition, the Board stated that if such records did exist, access would be denied under sections 8(1)(a), (b), (e), (f), (i) and sections 12 and 13 of the Act . The requester appealed the Board's decision. During mediation, the Board withdrew the claims for exemption based on sections 8(3) and 13 of the Act . It issued an amended decision granting access to three additional records responsive to part (c) of the request, and denying access to other records on the grounds that the records do not exist. It also denied access in total to 19 records responsive to part (a) of the request pursuant to sections 8(1)(a), (b), (e), (f), (i) and sections 12 and 14 of the Act . During subsequent mediation, all outstanding issues in the appeal were resolved except for the Board's denial of access in total to the 19 records responsive to part (a) of the request. Further mediation was not successful, and notice that an inquiry was being conducted to review the decision of the Board was sent to the appellant and the Board. Representations were received from both parties. The Board did not submit any representations on the application of the exemption provided by section 8(1)(i) of the Act . As this is a discretionary exemption, I will not consider it in this order. Upon receipt of the representations from the parties, it appeared that disclosure of the information contained in the records might affect the interests of the accounting firm which had prepared the records (the affected party). Accordingly, submissions on the possible application of section 10(1) of the Act were sought from the appellant, the Board and the affected party. Representations on this issue were received from the Board and the affected party.
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Legislation
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MFIPPA
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10(1)(a)
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10(1)(b)
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10(1)(c)
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2(1) law enforcement
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8(1)(a)
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8(1)(b)
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8(1)(e)
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8(1)(f)
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Section 12
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Subject Index
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Signed by
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Anita Fineberg
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Published
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Feb 04, 1994
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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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