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Document
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MO-1338
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File #
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MA-990261-1
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Institution/HIC
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City of Toronto
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Summary
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The appellant made a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) to the City of Toronto (the City). The request was for access to a legal opinion respecting the City's proposed new sewer by-law. The appellant believed that the legal opinion was obtained from the law firm of Genest, Murray, either at the behest of the City or the World Wildlife Fund (the WWF) which "drafted a model by-law that the City has more or less adopted." The appellant stated that certain parts of the legal opinion have already been made public. The City located the records responsive to the request and denied access, in full, pursuant to section 12 of the Act . The appellant appealed the City's decision to deny access. The appellant takes the position that solicitor-client privilege has been lost through waiver. This office initially sent a Notice of Inquiry to the City seeking representations on the application of section 12 to the record. The City provided representations in response. At about the same time, this office also received representations from the WWF, although the WWF was not sent a copy of the Notice of Inquiry. In addition to addressing the application of section 12 to the record, the WWF submitted that the exemption at section 10(1)(b) (third party information) applied to the record. This office then sent a Notice of Inquiry to, and received representations from, the appellant. This Notice of Inquiry was restricted to the issues under section 12. In order to fully address the issues under both sections 10(1) and 12, I sent a supplemental Notice of Inquiry to the WWF and the City, seeking representations on those issues. Only the City provided representations in response to the supplemental Notice of Inquiry.
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Legislation
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Subject Index
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Signed by
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David Goodis
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Published
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Sep 21, 2000
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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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