ACCESS TO INFORMATION |
PricewaterhouseCoopers, LLP v. Canada (Minister of Canadian Heritage)
T-1785-99
2001 FCT 1040, Campbell J.
20/9/01
12 pp.
Application for judicial review of decision made by Department of Canadian Heritage to disclose two reports as result of application made under Access to Information Act--Application trial de novo to determine whether reports entitled "Review of Draft ASD RFP and Contract for Corporate Shared Systems Project" dated March 31, 1998, and "Best Practices Review Update" dated May 12, 1998 records within meaning of Act, s. 20(1)--In 1998, Canadian Heritage contracted applicant's services for purpose of reviewing, analyzing, recommending changes to documents used to contract-out elements of work--"Assignment" conducted within relationship whose fundamental feature concern for confidentiality of said reports--Respondent arguing results of assignment not constituting "technical information" under Act, s. 20(1)(a), (b)--Work product capable of proving methodology, therefore one and the same--Work done something of technical nature--Information guarded very closely by applicant, respondent--Work product considered by applicant to be of such unique, "peculiar" quality that mere disclosure could be presumed to cause economic harm to applicant to undetermined magnitude--Reports under review containing trade secrets--Also containing "technical information"--Work done as part of commercial enterprise, thus Reports could properly be considered as containing "commercial information"--Also containing "confidential information"--Only requirement to be established type, workings of relationship existing herein--Reports meeting requirements of Act, s. 20(1)(b)--With respect to requirement of proof of "material financial loss" outlined in Act, s. 20(1)(c), test met herein--Application allowed--Access to Information Act, R.S.C., 1985, c. A-1, s. 20.