ACCESS TO INFORMATION |
Canadian National Railway Co. v. Canada (Attorney General)
T-2027-00
2002 FCT 974, Pelletier J.
13/9/02
13 pp.
Judicial review of Transport Canada (TC) decision to disclose certain documents regarding disposal of non-railway assets following application under Access to Information Act--Issue whether certain personal information should be disclosed if any interested party can locate it in sources to which public has access--Plaintiff CN each year prepares list of non-railway assets sold during preceding year, submits it to TC, under agreement made at time plaintiff privatized--TC received application for disclosure of list for 1996 and 1997--TC denied application when plaintiff intervened-- Complaint filed with Information Commissioner--TC subsequently said prepared to disclose content of list for years in question, arguing plaintiff's employee had previously agreed to disclosure of information and information sought available to public as listed in registry offices of various provinces--Application of exemptions set out in Act, ss. 19, 20(1)(b), (c), (d)--Documents in question contained following information: name of purchaser, selling price, municipality, approximate area, date of sale, expenses associated with sale and net income from sale--Parties agreed expenses associated with sale and net income from sale should not be disclosed --Act, s. 19(1) prohibiting disclosure of personal information, subject to s. 19(2), which authorizes it when public has access to information--Similarly, s. 20(1)(b) exempting disclosure of documents containing confidential financial information, but courts have held information not confidential if public has access to it--Information in question allegedly listed in registry offices in some provinces--In certain provinces, fictitious selling prices used for registry purposes--Exact selling price appeared in registry offices in 166 of 183 transactions--CN asked whether Act only requiring sources containing information in question be publicly available or whether necessary for public to actually be able to gain access to information--In view of purpose of Act stated in s. 2, ambiguity in meaning resolved in favour of disclosure: Rubin v. Canada (Minister of Transport), [1998] 2 F.C. 430 (C.A.)--CN further submitted Act, s. 20(1)(c), (d) prohibiting disclosure--Provisions apply when disclosure of certain information would cause loss to third parties or interfere with contractual negotiations of third parties--CN alleged eventual sales would be harmed if earlier prices disclosed--Price of last sale not conclusive as to price of future sale--CN alleged possibility of suits against CN by certain purchasers disappointed with their prices--Commercial transactions between persons acting at arm's length: if some able to obtain greater benefit in negotiations, gains have nothing to do with anyone else--CN alleged disclosure would impede negotiations for sale of other properties--Gross prices paid in other transactions not conclusive--In 166 of 183 transactions all information, including price, disclosed--In 17 transactions where prices fictitious, selling prices deleted from disclosure--Access to Information Act, R.S.C., 1985, c. A-1, ss. 3, 19, 20(1), 28, 44(1).