Investigation Report: FIPPA Refused Access – City of Winnipeg

2021-05-18

Summary

Report with Recommendations & Response to Recommendations 

Provisions 27(1)(a) and (b). An applicant requested records from the City of Winnipeg related to their claim for sewer back-up damage. The city refused access in part on the basis of exceptions relating to advice to a public body, unreasonable invasion of an individual’s privacy, disclosure harmful to law enforcement or legal proceedings and solicitor-client privilege. The city refused to provide records for review by our office on the basis of its claim of solicitor-client privilege. Our office considered the city’s representations and found that the city had not established that these exceptions applied. In the absence of records for review, our office was unable to conclude that the other exceptions relied on by the city applied to the withheld information. The ombudsman recommended that the city provide the complainant with a copy of the withheld information, with the exception of any information withheld under section 17 of FIPPA. As the city did not accept the recommendation, the ombudsman requested a review by the information and privacy adjudicator of the city’s decision to refuse access.

Case 2018-0424