The Ombudsman found that Council's closed meeting with the Township Solicitor on November 12, 2012 to discuss the status of an Ontario Municipal Board appeal  fell within the "litigation or potential litigation" exception to the open meeting requirements (s. 239 (2) (e)).  In regard to the complaint that Council voted improperly in the closed session, our review found that Council voted on a direction to an agent of the municipality - the Township Solicitor - and the vote was, therefore, permitted in a closed meeting.  However, we noted that the resolution to proceed in camera did not identify the general nature of the subject matter to be considered in the closed meeting, as required by the Act.  We also made a 'best practice' suggestion that Council include in its meeting agendas the subjects to be discussed in the closed meeting.  

Read the letter