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MO-2821

Document		MO-2821


File #		MA11-398


Institution/HIC		City of Toronto


Summary		The City of Toronto (the city) received a request for access to any communications about cycling issues between the offices of the Mayor, two named councillors and staff within the city’s Transportation Services. The city searched for and granted access in part to communications between the Mayor’s office, the councillors and staff of Transportation Services. It took the position that communications between the councillors were not in its custody or control. The requester did not appeal the decision to grant partial access but did object to the city’s position on custody or control. In this decision the adjudicator concludes that the records, if they exist, are not in the city’s custody or control and not subject to the Municipal Freedom of Information and Protection of Privacy Act.


Legislation		2(1) 4(1)


Signed by		Sherry Liang


Published		Dec 21, 2012


Type		Order


Orders and Reports Considered		M-813 MO-2750 MC10-75 and MC11-18


Cases Considered		St. Elizabeth Home Society v. Hamilton (City) (2005), 148 A.C.W.S. (3d) 497 (Ont. Sup. Ct.), Canada (Information Commissioner) v. Canada (Minister of National Defence), 2011 SCC 25, [2011] 2 SCR 306.


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