City of Pickering Refuses to Process Elexicon Records Request, Calls It “Frivolous and Vexatious”

Mayoral candidate Shaun Rickard says the finding is unfounded and will appeal to Ontario's Information and Privacy Commissioner.

PICKERING, ON — September 22, 2026 — The City of Pickering has denied, in its entirety, a Freedom of Information request filed by mayoral candidate Shaun Rickard seeking records related to the City's governance of, and financial relationship with, Elexicon Corporation, the electricity utility in which the City holds a 27.88% ownership stake.

In a Notice of Final Decision dated August 19, 2026, City Clerk Susan Cassel stated that the City had determined “on reasonable grounds” that the request was “frivolous and vexatious” under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), and that it had been “made in bad faith and for a purpose other than obtaining access to records.” As a result, the City stated there is “no right of access to the requested records” — meaning none of the request was processed on its merits.

The request, filed over a series of letters between June and July 2026, sought records including Mayor Kevin Ashe's appointment to and compensation from the Elexicon Board of Directors; declarations of conflict of interest under the Municipal Conflict of Interest Act relating to Elexicon matters; records from four closed-door Council sessions on Elexicon held since 2023; and records relating to a September 2025 transaction in which four of Elexicon's five municipal shareholders converted loans into equity — Pickering was the only shareholder that did not.

A blanket “frivolous and vexatious” finding of this kind is an unusual step for a municipality to take. Ontario's Municipal Freedom of Information and Protection of Privacy Act ordinarily requires institutions to process requests and apply exemptions to specific records where warranted. A full denial that cuts off access to an entire request — rather than reviewing it item by item — is a significantly more aggressive response, and is not the outcome most requesters, even contentious ones, typically receive.

“I find this finding unfounded, and frankly shocking,” said Rickard. “My final request explicitly narrowed its scope to only the items the City's own staff had already confirmed were appropriate for processing. That's not bad faith — that's following the City's own guidance. This isn't a routine exemption or a partial denial — the City refused to process any of it, and called it bad faith on my part. That's not how this process is supposed to work, and it's not something I've seen happen to a requester who was simply following the City's own instructions.”

“Pickering residents have a right to understand how decisions affecting our shared public utility are made,” Rickard continued. “And when a City shuts the door on that completely, instead of answering the questions, you have to ask: do they have something to hide? If not, why the stonewalling? I intend to appeal this decision to the Information and Privacy Commissioner of Ontario.”

Rickard says he will file a formal appeal with the IPC and is seeking independent legal review of the City's decision. He is also calling on the City to reconsider its position and process the request on its merits.

About Shaun Rickard: Shaun Rickard is a Pickering resident and candidate for Mayor who led community opposition to the 2019–2020 waterfront tower proposal. He is running on a platform of Responsible & ethical Development, capping property taxes, stopping fiscal waste, demanding Accountability, protecting Pickering's waterfront & greenspaces and bringing greater transparency to City Hall.

Media Contact:
Shaun Rickard
E: Shaun@ShaunRickardForMayor.ca
W: www.ShaunRickardForMayor.ca

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