This is an appeal under the Municipal Freedom of Information and Protection of Privacy Act (the Act). The appellant has submitted a six-part request to the Village of Wellington (the Village). In part one of the request (which is the only part at issue in this appeal) the appellant sought access to the following records in the possession of a named solicitor for the Village (the solicitor):

The Village initially denied access to the responsive records on the basis that they are subject to the solicitor-client privilege exemption provided by section 12 of the Act. During mediation of the appeal, the Village amended its position. It no longer relies on the exemption in section 12. Instead, it takes the position that, for the purposes of section 4(1) of the Act, it does not have custody or control of records in the possession of the solicitor.