The appellant submitted a freedom of information request to the Stadium Corporation of Ontario Limited for various records relating to the financing, construction, and operation of the SkyDome.
The institution denied access to several records, claiming exemptions under the Freedom of Information and Protection of Privacy Act for third-party commercial information, advice to government, economic interests, and solicitor-client privilege.
The Information and Privacy Commissioner found that the mandatory third-party commercial information exemption did not apply to the records in question, as the information was either not supplied in confidence or its disclosure would not reasonably be expected to cause the specified harms.
The Commissioner also rejected arguments that confidentiality provisions in the Income Tax Act and Corporations Tax Act, or the tax liability exemption in the Act, prevented disclosure.
However, the Commissioner upheld the institution's discretionary exemptions for certain other records, finding no compelling public interest that outweighed the purpose of those exemptions.
The institution was ordered to disclose the non-exempt records.