Order F2004-011: Summary
DATE: May 7, 2004
PUBLIC BODY: City of Calgary
FOIP REQUEST: The applicant asked the City of Calgary for records pertaining to a fire that occurred in Calgary, including records relating to the operational capacity of water mains and fire hydrants and records relating to instructions by the City's fire department to Enmax to shut off the power. The City withheld the majority of records under the exception to disclosure for litigation privilege (section 27(1)(a)). The applicant asked the Information and Privacy Commissioner to review the matter.
ISSUES: The applicant submitted that the records were not subject to litigation privilege because they were not created for the dominant purpose of contemplated litigation but because the City's internal practices and insurance policies required them to be created.
DECISION AND REASONS:
- The Adjudicator found that the City properly applied section 27(1)(a) to withhold the records. Citing Order 97-009, the Adjudicator found that the records met the three-part test for litigation privilege. The records were third party communications that were intended to be confidential and were prepared for the purpose of being submitted to legal counsel for advice and use in contemplated litigation.
The decision of the City of Calgary to withhold the records was upheld.