land transaction

FILTER BY:

Municipality of Northern Bruce Peninsula

May 28, 201828 May 2018

The Ombudsman reviewed a closed meeting of council for the Municipality of Northern Bruce Peninsula that relied on the personal matters exception to discuss an application made under the Land Titles Act for a property located within the municipality. During the meeting, council reviewed a cover letter for the application which included the property identification number, and a draft plan of reference showing the property’s location, dimensions and boundaries. The information did not include the property owner’s name. The Ombudsman found that this type of information is not inherently personal and does not constitute personal information about the property owner. The Ombudsman found that the discussion did not fit within the personal matters exception.

City of Niagara Falls

May 12, 201712 May 2017

The Ombudsman reviewed a closed meeting held by council for the City of Niagara Falls to discuss in camera the sale of property. During the meeting, council did not vote on whether to sell the land under consideration, but rather voted to have the matter put to council for consideration in open session, which is a procedural matter. The Ombudsman noted that council should take care to avoid language that suggests council in open session is ratifying or confirming decisions already made in camera, when instead council is making a decision in open session related to a matter discussed in camera.

City of Port Colborne

November 19, 201519 November 2015

The Ombudsman reviewed a closed meeting held by council for the City of Port Colborne to discuss the conditions of a purchase and sale agreement for a proposed residential development that had lapsed. The meeting was closed under the exception for solicitor-client privilege. Council had received a written memorandum from the municipality’s solicitor that provided legal advice on the matter to be discussed. The Ombudsman found that council’s discussion fit within the exception for solicitor-client privilege because the discussion involved consideration of written legal advice from the municipality’s legal advisor.

City of Port Colborne

November 19, 201519 November 2015

The Ombudsman reviewed a closed meeting held by council for the City of Port Colborne to discuss the conditions of a purchase and sale agreement that had lapsed. The meeting was closed under the acquisition and disposition of land exception. Council’s discussion focused on whether to enter into a new agreement with the developer to further the project. The Ombudsman found that since the original agreement of purchase and sale had lapsed and council was discussing negotiations with the developer for a new agreement, disclosure of council’s discussions could have harmed the municipality’s bargaining positon. Therefore, the discussion fit within the acquisition or disposition of land exception.

City of Port Colborne

November 19, 201519 November 2015

The Ombudsman reviewed a closed meeting held by council for the City of Port Colborne that relied on the acquisition or disposition of land exception to discuss plans for a non-profit organization to acquire a house from a private individual. The Ombudsman found that the discussion did not fit within the acquisition or disposition of land exception because the municipality was not involved in either acquiring or disposing of land.

Town of Fort Erie

January 09, 201409 January 2014

The Ombudsman reviewed a closed meeting held by council for the Town of Fort Erie to discuss an agreement of purchase and sale for the Crystal Beach Gateway Project. The meeting was closed under the litigation or potential litigation exception. The municipality’s solicitor was present during the meeting. At the time of the meeting, there was a pending appeal before the Land Registry Tribunal with respect to absolute title on the property. The Ombudsman found that council’s discussion fit within the litigation or potential litigation exception.

Town of Fort Erie

January 09, 201409 January 2014

The Ombudsman reviewed a closed meeting held by council for the Town of Fort Erie that relied on the exception for solicitor-client privilege to discuss an agreement of purchase and sale for the Crystal Beach Gateway Project. The municipality’s solicitor was present during the meeting and responded to questions posed by council on the matter. The Ombudsman found that council’s discussion fit within the exception for solicitor-client privilege.