The Municipal Property Assessment Corporation (MPAC) sought judicial review of an order by the Assistant Information and Privacy Commissioner requiring it to disclose an electronic database containing the personal information of over 10 million Ontario residents to a collection agency.
The Commissioner had found that disclosure was expressly authorized by the Assessment Act, relying on previous case law regarding municipal election records.
The Divisional Court quashed the Commissioner's decision, finding that the Assessment Act did not expressly authorize disclosure of the electronic records and that the Commissioner failed to properly consider the differing statutory contexts and privacy interests.
The Court also held that MPAC was entitled to refuse disclosure under the Municipal Freedom of Information and Protection of Privacy Act because the information was already available to the public in paper form.
