M-506

This is an appeal under the Municipal Freedom of Information and Protection of Privacy Act (the Act). The Thunder Bay Hydro (Hydro) received a request from an employee for all information, legal briefs, notes, letters and paperwork related to an investigation concerning herself and a named former Hydro employee (the respondent). The requester also sought communications between Hydro and a named lawyer who investigated the matter (the lawyer) as well as all statements made by persons interviewed by the lawyer. Finally, the requester wanted access to her personal file.

Hydro issued a decision letter in which it indicated that the requester could make arrangements with Hydro to view her personnel file and to make an appointment with the Freedom of Information and Privacy Co-ordinator to view Hydro Commission meeting minutes. The decision letter denied access to all other material relating to Hydro's solicitors, or to the investigation by the lawyer, pursuant to section 12 of the Act (solicitor-client privilege). The decision letter also stated that the investigation included information about other employees and a former employee, which "would violate other provisions of the act". The requester appealed the denial of access.

During mediation, Hydro agreed to provide the appellant with copies of her personnel file and responsive Hydro Commission meeting minutes. Hydro also identified further records in its possession which it felt were responsive to the request. Hydro then appeared to change its position concerning those records pertaining to the lawyer's investigation. It now claims that it does not have custody or control of these records pursuant to section 4(1) of the Act.

The appellant then agreed to narrow the scope of the appeal to (1) information which would explain why the results of the investigation had concluded that she was partly at fault, and (2) records containing comments made about her by the persons interviewed during the investigation. The appellant has confirmed that she does not want to know the names of the other individuals.

• MFIPPA
• 4(1)(a)
• 45(1)

• contracting out