The complainant alleged that the Canadian Transportation Agency (CTA) had improperly withheld information under paragraph 20(1)(b) (confidential third-party financial, commercial, scientific or technical information), paragraph 20(1)(c) (financial impact on a third party), paragraph 20(1)(d) (negotiations by a third party), paragraph 21(1)(a) (advice or recommendations), paragraph 21(1)(b) (accounts of consultations or deliberations) and section 23 (solicitor-client and litigation privilege) of the Access to Information Act in response to an access request. The request was for records relating to Case No. 17‐05835. The allegation falls under paragraph 30(1)(a) of the Act.

The parties did not demonstrate that the requirements of the applied exemptions were met for the third-party information or for an exchange of advice withheld under section 23.

The Information Commissioner ordered that the CTA disclose certain information where the parties had not demonstrated that the requirements of the exemptions were met and to re-exercise discretion taking into account all relevant factors for the information it was permitted to withhold under paragraph 21(1)(b) and section 23. The CTA gave notice to the Commissioner that it would comply with the order. The complaint is well founded.