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MO-1194

Document		MO-1194


Institution/HIC		Town of Ancaster


Summary		The Town of Ancaster (the Town) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to "10 documents from Ancaster Fire Dept. with the signature of [a named deceased employee]", the requester's father-in-law. The requester stated that he required this information in order to verify the deceased's signature on his Will. The Town identified a number of records containing the deceased's signature, and denied access to them pursuant to section 14(1) of the Act (invasion of privacy). The requester, now the appellant, appealed this decision. He clarified that he was seeking access only to the deceased's original signature on Town documents and no other information contained in these records. A Notice of Inquiry was sent to the Town and the appellant. In addition to the section 14(1) exemption issue, the Notice also sought representations on the issues of whether section 54(a) of the Act (personal representative) applied in the circumstances of this appeal, and whether the Town could deny the appellant an opportunity to examine the original records for the purposes of submitting them for handwriting analysis. Representations were received from both parties. In his representations, the appellant stated that he was not the personal representative of the deceased, so section 54(a) is not relevant in the circumstances of this appeal. However, because the outcome of this appeal could affect the interests of the deceased's estate, a copy of the Notice was sent to the administrator of the deceased's estate (the affected party). The lawyer representing the affected party responded by stating: "Our client is taking no position with respect to this appeal."


Legislation		MFIPPA 14(1)(f) 14(2)(d) 2(1) personal information (c) 2(1) personal information (d) 2(1) personal information (h) 51(1)


Subject Index		examination of record on-site handwriting signature


Signed by		Tom Mitchinson


Published		Mar 08, 1999


Type		Order


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