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City of Niagara Falls (Niagara District Airport Commission)

December 29, 201629 December 2016

The Ombudsman reviewed a closed meeting held by the Niagara District Airport Commission that relied on the exception for solicitor-client privilege to discuss ongoing airport fee negotiations and related airport upgrades. The Ombudsman found that the commission did not discuss any legal advice during the meeting. There was no solicitor or related communication. The Ombudsman noted that the fact that airport fees may be incorporated by a lawyer into a future contract does not mean the discussion was subject to solicitor-client privilege. Therefore, the commission’s discussion did not fit within the exception for solicitor-client privilege.

Town of Niagara-on-the-Lake (Niagara District Airport Commission)

December 29, 201629 December 2016

The Ombudsman reviewed a closed meeting held by the Niagara District Airport Commission that relied on the exception for solicitor-client privilege to discuss ongoing airport fee negotiations and related airport upgrades. The Ombudsman found that the commission did not discuss any legal advice during the meeting. There was no solicitor or related communication. The Ombudsman noted that the fact that airport fees may be incorporated by a lawyer into a future contract does not mean the discussion was subject to solicitor-client privilege. Therefore, the commission’s discussion did not fit within the exception for solicitor-client privilege.

City of St. Catharines (Niagara District Airport Commission)

December 29, 201629 December 2016

The Ombudsman reviewed a closed meeting held by the Niagara District Airport Commission that relied on the exception for solicitor-client privilege to discuss ongoing airport fee negotiations and related airport upgrades. The Ombudsman found that the commission did not discuss any legal advice during the meeting. There was no solicitor or related communication. The Ombudsman noted that the fact that airport fees may be incorporated by a lawyer into a future contract does not mean the discussion was subject to solicitor-client privilege. Therefore, the commission’s discussion did not fit within the exception for solicitor-client privilege.

Town of South Bruce Peninsula

October 06, 201506 October 2015

The Ombudsman reviewed a closed meeting held by council for the Town of South Bruce Peninsula to discuss a contract related to the Wiarton Keppel International Airport. The meeting was closed under the litigation or potential litigation exception. Council discussed the potential sale of the airport and a contract for airport fuel tank removal. The Ombudsman found that council did not discuss any litigation in progress or even contemplated litigation with respect to the contract. The prospect of litigation was mere speculation.  Therefore, council’s discussion did not fit within the litigation or potential litigation exception.

City of Elliot Lake

April 24, 201524 April 2015

The Ombudsman reviewed closed meetings held by council for the City of Elliot Lake, which relied on the personal matters exception to discuss the recruitment of a new chief administrative officer (CAO). The discussions involved changes to the current CAO’s contract and extending the service of the current CAO. The Ombudsman found that the information discussed by council during the meetings related to specific terms of an identified employee’s contract, including salary. Accordingly, the discussion fit within the personal matters exception.

City of Elliot Lake

April 24, 201524 April 2015

The Ombudsman reviewed a closed meeting held by council for the City of Elliot Lake, which relied on the personal matters exception to discuss the recruitment of a new chief administrative officer (CAO). During the closed meeting, council discussed an identifiable individual who had submitted an application for the CAO position. The discussion involved the contents of the application, and included expressing opinions about the individual’s qualifications. The discussion also involved third-party information that was included in the application. The Ombudsman found that the discussion involved personal information about the applicant and third-party information. Accordingly, the discussion fit within the personal matters exception.

City of Hamilton

June 17, 201317 June 2013

The Ombudsman reviewed a closed meeting held by council for the City of Hamilton to receive legal advice from the municipality’s solicitor regarding altering a contract with a consultant. The meeting was closed under the exception for solicitor-client privilege. The solicitor identified options for council with respect to the contract and risks associated with those options. The Ombudsman found that council’s discussion fit within the exception for solicitor-client privilege.

City of Greater Sudbury

February 14, 201314 February 2013

The Ombudsman reviewed a closed meeting held by council for the City of Greater Sudbury, which relied on the personal matters exception, to discuss the contract and appointment of the auditor general. The Ombudsman found that information about the employment contract of an identified member of staff is personal information. Therefore, council’s discussion fit within the personal matters exception.