Tridel Corp. v. Canada Mortgage and Housing Corp., President
T-847-91
Campbell J.
13/5/96
31 pp.
Application by Tridel Corp. (Tridel) to prevent release by Canada Mortgage and Housing Corporation (CMHC) of information under Access to Information Act, s. 44-Tridel subject of public inquiry in 1990 after allegations Tridel diverted public funds for subsidized housing to Liberal campaign coffers-Inquiry found unconstitutional-Record containing Operations Audit Division opinions and list of "Tridel Projects by Program by Branch"-Burden of proof on applicant seeking to suppress information-Tridel arguing information should not be disclosed as "personal" within meaning of Access to Information Act, s. 19(1) and Privacy Act, s. 3 and/or because information financial, commercial, scientific or technical, consistently treated in confidential manner by Tridel, release could reasonably be expected to result in material financial loss or gain to Tridel or could reasonably be expected to interfere with contractual or other negotiations by Tridel-Also arguing notice requirements under Act not met, unconstitutional to release information as was originally generated under unconstitutional inquiry and release would violate provisions of Charter-Application dismissed-On issue of "personal information", information not relating to "identifiable individual" within meaning of Privacy Act, s. 3, but to corporation-To be considered under Access to Information Act, s. 20(1)(b) information must be "supplied to a government institution by a third party"-Since Tridel "third party" contemplated in wording of s. 20(1) because bringing s. 44 application, and since Tridel did not supply information, no factual base for objection-Also, name of builder, which information contains, not qualifying as "financial, commercial, scientific or technical information"-Further, CMHC treats only financial information as confidential and information in record neither financial nor supplied by Tridel in confidence-Evidence offered not proving probable harm resulting from release of record-No evidence any damage suffered to date-On ground of mistake of fact, Tridel not providing clarity on corporate relationships between entities involved therefore, alleged inaccuracies by CMHC in maintaining distinct character of Tridel not proved-On claim record containing information which would interfere with contractual or other negotiations, mere assertion Tridel will experience difficulties obtaining financing not enough-Also no evidence charitable organizations applying to CMHC expect name of builder they supply kept confidential-Tridel not having standing on s. 44 application to initiate review of interests of other unserved parties, including issue of whether they should have been served-Unconstitutionality of inquiry process not fatal to release of record-Record preparation prompted by allegations in media concerning handling of sales tax rebates and not specifically for purposes of inquiry-Although freedom of association under Charter applying to corporation, no restriction on Tridel's freedom by release of record-Also, what people might think as result of release of record not infringing anyone's freedom to associate-Record also not "forcing" Tridel to associate-Associations between Tridel and other corporations existed before Record created-Further, Charter, s. 7 applying only to human beings, not corporations except in case of corporation charged with criminal offence-Access to Information Act, R.S.C., 1985, c. A-1, ss. 19, 20(1)(b),(c),(d), 44-Privacy Act, R.S.C., 1985, c. P-21, s. 3-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11(U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 2, 7, 11.