Judicial Review



The Corporation of the Town of Markham (the Town) received three separate requests under theMunicipal Freedom of Information and Protection of Privacy Act (the Act) for access to records.

The requests read as follows:

Request 1:

A list of all construction change orders to the Mayor's general office area in the new municipal building, approved by Council after December 1, 1988 showing individual costs for each change.

Request 2:

Records showing the location, ownership and general description of all computer equipment situated on Town premises, installed for or used by members of Council and/or their administrative support personnel.

Request 3:

Photocopies of the consultant's invoice(s) and the Town's cheque(s) in payment for all work performed to date by [an identified accounting firm] management consultants for the Town since September 1, 1991.

Also, please produce all photocopies of purchase orders, or similar authority documents, showing the amount(s) outstanding for all work not complete, or not yet invoiced.

The Town advised the appellant that access to some of the records which contained information responsive to Request 1 (the minutes of meetings of Council and Committee proceedings) were currently available to the public, and a request to inspect such minutes did not require the filing of a request under the Act.

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