Judicial Review



The Corporation of the City of Hamilton (the City) received a request under the Freedom of Information and Protection of Privacy Act (the Act) for access to records relating to the City's investigation of the requester's complaint of harassment. The City identified 36 responsive records, including information provided by the requester, the two employees named in the complaint, other employees and former employees, and the findings of the investigation. The City granted access to the requester's draft complaint, supporting information provided by the requester, and his final complaint form. The City also granted access to a letter sent to the department head advising of the complaint, a letter sent to the requester during the investigation, a letter sent to the requester following completion of the investigation, and a letter regarding the requester's new position. Access was denied to the remaining records pursuant to sections 10(1)(d), 14, 38(b) and (c) of the Act. The requester appealed the head's decision.

Mediation of the appeal was not successful, and notice that an inquiry was being conducted to review the City's decision was sent to the appellant, the City, the two employees named in the complaint (the affected persons), and six individuals named in the records. Written representations were received from the City, the appellant, the affected persons, and two of the individuals named in the records.

The records at issue in this appeal are identified in Appendix A, attached to this order.

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