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Document
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MO-1488
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Institution/HIC
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City of Vaughan
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Summary
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BACKGROUND: The following description of a matter between the City of Vaughan (the City) and the appellant, which has been on-going over a number of years, is derived from a combined reading of the representations that each one submitted over the course of this inquiry. Without preferring one version of events over another, I believe it is useful to include a brief discussion of the matter in order to put this appeal in context. A dispute arose between the appellant's mother and her neighbour relating to grading and drainage changes to a driveway that were allegedly made by the neighbour, apparently without first obtaining a building permit. The City believes the dispute began in April or May of 1998, which is the date that its Building Standards Department (BSD) became involved as a result of a complaint by the appellant. The appellant indicates that the neighbours began to make changes to their driveway late in the summer of 1996. According to the appellant, these changes resulted in surface and roof water being redirected onto his mother's driveway creating a hazardous ice-sheeting problem in the winter. The City indicates that it attempted to mediate the dispute. The City explains what it was able to accomplish in dealing with this dispute and various complicating factors that ultimately resulted in little change. The City indicates that it does not have the authority to force the neighbour to make certain changes, and that it ultimately advised the appellant that this is a private matter that must be resolved between themselves. From the appellant's perspective, his mother's concerns were ignored by the City. He acknowledges that the City advised him that there was nothing it could do. However, he indicates that there was an existing City by-law (By-law 189-96), which may have been applicable. The City, on the other hand, states that this by-law is prospective and cannot apply to grading changes made prior to its passage. The appellant then built a retaining wall between the neighbouring properties without obtaining a building permit. Following receipt of a complaint, the City investigated and subsequently charged the appellant's mother with contravening a local by-law by not first obtaining a building permit, and then required her to apply for one. The building permit was approved and the charge was later withdrawn. According to the appellant, the City's requirements with respect to the building permit were unreasonable as they included the provision of a land survey and civil engineering assessment. The appellant believes that his mother was treated differently from the neighbour and other property owners with lot grading issues. He takes the position that this treatment was unfair and that the City employed intimidating tactics in order to ensure compliance. As a result of money losses incurred in connection with this dispute, which the appellant believes arose primarily as a consequence of the City's actions, the appellant's mother brought an action against the City in Small Claims Court. The Statement of Claim was served on the City on August 9, 2000. This action has not concluded. NATURE OF THE APPEALS: Under the Municipal Freedom of Information and Protection of Privacy Act (the Act ), the appellant requested the following records from the City: Any records related to the work undertaken at [the two neighbouring municipal addresses] since May 8, 2000 to date; The total number of summons issued under the Provincial Offences Act [the POA ] for building without a permit where the construction activity was in connection with By-law 189-96, the fill by-law. The Request for Legal action tracking document used to capture milestone action against property owners alleged to be in breach of municipal by-law 189-96 or related provisions of the Ontario Building Code. A Request for Legal action should exist for each case where an Order to Comply has been issued to a property owner. We request copies of these tracking documents in regards to (but not limited to) the following grading complaint reference numbers or files: 970001, 970002, 980001, 980002, 980003, 980004, 980005, 980006, 980007, 980008 and 980009 (and other Orders to Comply issued between 1996 and March 23, 2000).... The records used to capture which municipal staff used vehicles assigned to the Building Standards Department for the entire week of March 27th, 2000. Any operational manuals, policy manuals, interpretation instructions, implementation guidelines, bulletins or memorandums that advise City of Vaughan staff or officials on the application of By-law 189-96, otherwise known as the fill by-law. On May 28, 1998 the Building Standards Department received a complaint forwarded by Councillor DiVona and Councillor Racco. I would like any and all documents that speak to action/decisions/resolution and communications involving City of Vaughan officials on this matter. On November 3, 1998 the Building Standards Department received a complaint regarding the construction of "a walkway on the property line", grading complaint reference number 9900020 ... I would like any and all documents that speak to action/decisions/resolution and communications involving City of Vaughan officials on this matter. On April 27, 1998 the Building Standards Department received a complaint regarding the construction of "a walkway", complaint reference number 9800032. I would like any and all documents that speak to action/decisions/resolution and communications involving City of Vaughan officials on this matter. The City issued a decision refusing to process the request on the basis that it was frivolous or vexatious as contemplated by section 4(1)(b) of the Act . In the decision letter, the City stated that it considers this request to be part of a pattern of conduct that amounts to an abuse of the right of access as well as an interference with the operations of the City. The City stated that it is of the opinion that the requests were made in bad faith or for a purpose other than to obtain access due in part to the complexity and scope of this request and previous requests.
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Legislation
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Subject Index
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Published
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Nov 26, 2001
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Type
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Order
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Information and Privacy Commissioner of Ontario. All Rights Reserved.
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