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MO-2828-F

Document		MO-2828-F


File #		MA11-451


Institution/HIC		City of Thunder Bay


Summary		In Order MO-2804-I, the adjudicator found that records relating to the settlement of a threatened lawsuit brought against it by the proponent of a wind farm development were exempt under section 12 (solicitor-client privilege) on the basis that they were subject to settlement privilege. The city was ordered to re-exercise its discretion and advise the appellant and this office of the result. The city denied access to the records. In this decision, the city’s exercise of discretion to deny access on the basis that they are exempt under section 12 is upheld.


Legislation		MFIPPA Section 12


Signed by		Donald Hale


Published		Jan 14, 2013


Type		Order – Final


Orders and Reports Considered		MO-2804-I P-58


Cases Considered		Ontario (Public Safety and Security) v. Criminal Lawyers’ Association 2010 SCC 23; Liquor Control Board of Ontario v. Magnotta Wineries Corporation, 2010 ONCA 681.


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