This article is an excerpt from Government Procurement, which is available for purchase.
In its March 2016 decision in Accenture Inc. v. Ontario (Information and Privacy Commissioner) and Metrolinx, the Ontario Superior Court of Justice Divisional Court upheld an order of the Information and Privacy Commissioner directing the disclosure of terms contained in a government contract award. The court found that the terms in question did not meet the “supplied in confidence” test since they had been jointly created in negotiations between the contractor and the government agency. The court also found that the contractor failed to provide any concrete explanations of how it would be prejudiced by the disclosure of those terms in response to a public access request.
