MC-010006-1

The complainant owned property in the Municipality of Bayham (the Municipality) and was allegedly in arrears of property taxes. The Municipality initiated formal proceedings to collect the arrears owing. The complainant claims that in December of 2000 she became aware that a Final Notice of Registration of Tax Arrears Certificate (final notice) and Tax Arrears Certificate – Document General (certificate) was sent to a law firm that had formerly acted for the complainant and her husband. The final notice and certificate (which I will refer to collectively as the "notice") contained information pertaining to the property, including the address, a legal description of the property, the assessment roll number and the amount allegedly owing in tax arrears. The notices do not contain the complainant’s name. Upon further inquiry, the complainant discovered that the Municipality had sent out notices to 13 addressees. The addressees consisted of parties that the Municipality believed had an interest in the property including the complainant, the complainant’s spouse, mortgagees, mortgage guarantors and various law firms. Of these, the complainant contends that only five had any interest in the identified property, and would thereby be entitled to receive such notices under section 11(1) of the Municipal Tax Sales Act (MTSA). The complainant alleges that her personal information was inappropriately disclosed to the remaining eight addressees, contrary to the Act. Of the eight, six addressees were various law firms that have represented interested parties and the remaining two addressees consisted of a corporation that allegedly no longer had an interest in the property, and the law firm that represented them.

• MFIPPA
• 32(c)
• Section 27
• 2(1) personal information

• consistent purpose
• property information
• public record
• public record
• Taxes/Tax Arrears