An individual asked the City of Toronto for all records related to a specified property. The city searched for records in three of its divisions. The city provided the appellant with records from two divisions, withholding some information because its disclosure would be an unjustified invasion of another individual’s personal privacy (section 14(1)) or because it was non-responsive to the request. The city withheld the records from the third division in full on the basis that they were excluded from the Municipal Freedom of Information and Protection of Privacy Act due to an ongoing prosecution.
The individual appealed the city’s decision because they disagreed that the records from the third division were excluded. The individual also argued that the city narrowed the scope of the request and did not conduct appropriate search.
In this order, the adjudicator upholds the city’s decision that the ongoing prosecution exclusion applies to the records in the third division. Regarding the remainder of the request, the adjudicator finds that the city narrowed the scope of the request. The adjudicator identifies city divisions and types of records that are within the scope of the request. Further, the adjudicator finds that, except for the search within one division, the city did not conduct reasonable search for records and orders the city to conduct further searches.