Burnaby seeks to quash B.C. privacy commissioner decision to release 421 city-owned property addresses.
Burnaby resident David Hayre made a request to the city under the Freedom of Information and Protection of Privacy Act for “a list of all properties owned by the City of Burnaby and any properties it may own in the Province of B.C.”
The land assemblies have the goal of creating higher density housing or expanding existing parkland, according to a review by the Office of Information and Privacy Commissioner . Burnaby’s general manager of community safety and the general manager of planning and development gave sworn affidavits with more than 20 examples of property owners seeking compensation “above fair market value” after learning of the city’s hope to purchase their property.
Hayre asked the OIPC to review the city’s decision, saying fair market value is the determined price a property sells for in an open market, with buyer and seller both reasonably knowledgeable about the property. She noted the city did not explain how the timing of when the property owner learns of city interest in their land would affect the owner’s desire to sell or not.
The city filed a petition in B.C. Supreme Court against the B.C. Information and Privacy Commissioner and Hayre on Oct. 31 to quash the OIPC order.
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