Perez Corp. v. National Capital Commission
T-1393-93
Perez Bramalea Ltd. v. National Capital Commission
T-2572-91 / T-611-92
Simpson J.
18/1/95
8 pp.
Motions for review pursuant to Access to Information Act, s. 44(1) of National Capital Commission's (N.C.C.) decision to allow access to documents ("ground lease" and "N.C.C. material") without deletions requested by applicant -- N.C.C. receiving three requests relating to project on N.C.C. lands leased for 66 years to tenant corporation -- Leased property developed by construction of fourteen-storey office tower and restoration and renovation of original building -- Applicant claiming exemption from access for entirety of both ground lease and N.C.C. material for period of one year on ground such exemption required to rent unleased space in development -- Act creating presumption government documents in public domain unless covered by specific exemption -- Applicant bearing onus to satisfy Court exemption justified -- S. 21(b) confidentiality exemption applicable where financial information supplied to Government: (1) always treated by parties as confidential information; and (2) objectively considered confidential by outsiders due to content and purpose-Entitlement to confidentiality exemption not requiring evidence of commercial harm -- S. 20(c), (d) probable commercial harm exemption requiring reasonable expectation of probable harm to third party by way of: (1) interference with contractual negotiations; or, (2) prejudice to third party's competitive position -- Applicant's request to exempt entire ground lease from disclosure denied-Disclosure of ground lease ordered subject to deletion, pursuant to s. 21(b) exemption, of certain provisions relating to participation rent -- Positive finding of reasonable expectation of probable harm to applicant in negotiating rents for unleased space if prospective tenants know N.C.C. rental rates and underlying calculations and assumptions (sensitive information) -- Disclosure of N.C.C material subject to deletion of sensitive information -- Unedited ground lease and N.C.C. material to be disclosed one year from order -- Five-year delay between date of initial access request and Court hearing frustrating objectives of Act and wholly unacceptable -- Access to Information Act, R.S.C. 1985, c. A-1, ss. 20(c),(d), 21(b), 44(1).