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Document
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MO-1410
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File #
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MA-000236-1
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Institution/HIC
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Toronto Police Services Board
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Summary
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The Toronto Police Services Board (the Police) received a request under the Municipal Freedom of Information and Protection of Privacy Act (the Act ) for access to all police photographs related to a sudden death that occurred on a certain date. The requester, through her legal counsel, provided a notarized copy of the deceased individual's will in which the requester is named as the Executor Trustee. The Police identified fifteen photographs as responsive to the request and granted partial access. The Police denied access to eight photographs relying on the exemption at section 14(1) (unjustified invasion of privacy). The requester, now the appellant, appealed the decision of the Police, and submitted a further request for access to the police report which was made at the investigation scene. During mediation, the appellant confirmed that she is no longer seeking access to the police report in this appeal. Mediation was not successful and the appeal was moved to the adjudication stage. I sent a Notice of Inquiry to the Police initially, setting out the facts and issues in this appeal. As the appellant claimed to be acting as the executrix of the deceased person's estate, I added section 54(a) of the Act as an issue in the Notice. The Police responded with representations. I then sent a Notice of Inquiry to the appellant, together with the non-confidential portion of the Police's representations. The appellant, through her counsel, returned detailed representations together with a copy of the Coroner's Investigation Statement.
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Legislation
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MFIPPA
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14(1)(f)
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14(3)(b)
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54(a)
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Section 16
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Subject Index
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Signed by
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Dora Nipp
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Published
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Mar 26, 2001
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Type
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Order
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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