Fasken successfully represented K+S Windsor Ltd as a third party in an access to information request addressed to the Ministère des Transports du Québec in order to have access to the contract for the acquisition of sodium chloride between these two parties. The Commission d’accès à l’information agreed to protect excerpts from the contract relating to the price determination formula as a result of our representations, thus setting aside in part the case law applying the Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information, which refused to protect the information contained in a contract since it could not belong to a third party.
With this decision, the Commission d’accès à l’information has clarified its case law regarding the components of a contract that can be protected in order to preserve the legitimate interests of a private company by accepting the confidentiality of a clause that has been the subject of negotiations.
A Fasken team led by Antoine Aylwin and composed of Guillaume Pelegrin, Aya Barbach and Lina Bensaidane advised K+S Windsor Ltée in connection with this case.
With this decision, the Commission d’accès à l’information has clarified its case law regarding the components of a contract that can be protected in order to preserve the legitimate interests of a private company by accepting the confidentiality of a clause that has been the subject of negotiations.
A Fasken team led by Antoine Aylwin and composed of Guillaume Pelegrin, Aya Barbach and Lina Bensaidane advised K+S Windsor Ltée in connection with this case.
Jurisdiction
- Québec
