November 08, 201308 November 2013
The Ombudsman reviewed a closed meeting held by council for the Township of Ryerson to discuss a rezoning application for a quarry. The meeting was closed under the exception for solicitor-client privilege. The applicant was present during the closed session and reviewed with council the details related to a proposed haul route and site plan. The municipality’s solicitor wrote the cover letter that accompanied the site plan documents. The letter set out the solicitor’s position on the draft terms. The Ombudsman found that the presence of the applicant during the meeting constitutes a waiver of any solicitor-client privilege that might have applied to the discussion. Further, the solicitor’s letter contained comments directed at the third party, not legal advice to the municipality. Therefore, the discussion did not fit within the exception for solicitor-client privilege.