An individual made a request to the City of Toronto, under the Municipal Freedom of Information, for access to building permit drawings and plans for his neighbours’ house. The city decided to grant access to the records in full.
The neighbours appealed the city’s decision, claiming that disclosure of the records would be an unjustified invasion of their personal privacy under section 14(1) and that they contain third party information exempt under section 10(1). The neighbours also claimed that the disclosure of the records would be a threat to their safety or health under the discretionary exemption at section 13 and that they should be permitted to raise the application of this discretionary exemption. Finally, the neighbours argued that that the requester’s request for access to records about their house was frivolous or vexatious under section 4(1)(b).
In this order, the adjudicator finds that the information at issue in the records is not personal information and therefore, cannot be exempt from disclosure under section 14(1). She also finds that the information is not third party information exempt under section 10(1). The adjudicator determines that the appellants should not be permitted to raise the application of the discretionary section 13 exemption and that they are not permitted to deem the appellant’s request frivolous or vexatious under section 4(1)(b). She orders the city to disclose the information at issue in the records to the requester.