Access to Information Orders
Decision Information
• Records about a former school trustee.
• Re-exercise of discretion: Board's re-exercise of discretion upheld.
• Board's decision upheld.
Decision Content
NATURE OF THE APPEAL:
On February 25, 2010, I issued Interim Order MO-2499-I, addressing a number of issues in this appeal. Order MO-2499-I required the Toronto Catholic District School Board (the Board or TCDSB) to re-exercise its discretion to deny access to information that had been requested by a member of the news media under the Municipal Freedom of Information and Protection of Privacy Act (the Act).
The request that led to this appeal was for the following information:
[All] documentation regarding any payments or agreements made between the TCDSB and [identified Trustee] or her legal counsel, within the last year. Please include any correspondence between the TCDSB and [identified Trustee]’s legal counsel. Also any motions approved by the Board related to [identified Trustee]’s departure.
In responding to the request, the Board granted access to portions of some records and denied access in full to the remainder pursuant to sections 6(1)(b) (closed meeting) and 12 (solicitor-client privilege). The requester (now the appellant) appealed the Board’s decision.
Following mediation, I conducted an inquiry under the Act. During the inquiry, both parties submitted representations in relation to the issues in the appeal. In its representations, the appellant revised the scope of the request by stating that it was only seeking access to information relating to the dollar amount of any payout that may have been made to an identified Trustee.
Following the exchange of representations process, I issued Order MO-2499-I. As set out in the interim order, although I upheld the application of section 6(1)(b), I included a provision requiring the Board to re-exercise its discretion with regard to the information that I had found to be exempt, and to advise the appellant and myself, in writing, of the results of its re-exercise of discretion.