Digest: Seon v Board of Education of the Regina Roman Catholic School Division No. 81, 2018 SKQB 166

• Date: May 18, 2018

Reported as: 2018 SKQB 166

Docket Number: QBG 245/18 JCR , QB17556

Court: Court of Queen's Bench

Date: 2018-05-18

Judges:

• McCreary

Subjects:

• Statutes � Interpretation � Local Authority Freedom of Information and Protection of Privacy Act, Section 18

Digest: The applicant appealed pursuant to s. 46(1) of The Local Authority Freedom of Information and Protection of Privacy Act (LAFOIPPA) from the respondent�s decision to refuse to provide him with access to information contained in a record that related to the respondent�s tender for quotations to supply computer hardware. The applicant and a number of other vendors made bids on the tender. At the close, the respondent prepared the record to use as a tool to compare and assess information contained in the bids. The record contained the unit prices submitted by each vendor, the delivery date and the point scores assigned by the respondent to evaluate each bid based upon that information. The bid was awarded and the unsuccessful vendors notified. The respondent did not provide any other information. The applicant made an access to information request to the respondent and sought information related to the tender, including the record, list of vendors evaluated, point score, vendor bid amounts and product selected. The respondent denied the request but did supply the list of vendors and a redacted copy of the record that masked the unit prices, delivery times and point scores. He was also provided with an explanation of how the respondent calculated the point scores.
HELD: The application was dismissed. The court found that pursuant to ss. 18(1)(b) and (c) of LAFOIPPA, the respondent correctly refused to provide access to the record because it contained commercial information that was supplied in confidence by third parties. Disclosure could reasonably be expected to result in financial loss or gain or prejudice to the competitive position of a third party.

Statutes Considered:

• Local Authority...