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Document
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MO-2750
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File #
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MA09-103
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Institution/HIC
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City of Vaughan
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Summary
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The appellant sought records relating to various expenses, including 407 ETR expenses, for two City of Vaughan councillors for the years 2007 and 2008. The city located responsive records and provided partial access to them pursuant to two access decisions, claiming the application of various exemptions to deny access to the withheld information. The appellant appealed the city’s denial of access and also claimed that additional records should exist, specifically the councillors’ 407 ETR invoices, raising concerns about the adequacy of the city’s search. The appellant then narrowed the scope of her appeal to the 407 ETR invoices for the councillors. The application of various exemptions claimed for other parts of the appellant’s request were removed from the appeal. The city then raised the issue of custody or control, claiming that the councillors 407 ETR invoices were not in its custody or control. During the course of an inquiry, it was determined that the city has control of the councillors’ 407 ETR invoices and the city was ordered to obtain copies of the invoices and issue an access decision. Since the 407 ETR invoices were the sole focus of the appellant’s narrowed request, the adequacy of the city’s search was not addressed.
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Legislation
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Subject Index
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Signed by
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Bernard Morrow
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Published
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Jun 13, 2012
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Type
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Order
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Orders and Reports Considered
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P-120
P-239
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Cases Considered
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Canada (Information Commissioner) v. Canada (Minister of National Defence) (Minister of National Defence), 2011 SCC 25.
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2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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