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Ontario Land Tribunal (OLT) (formerly OMB, LPAT)

City of Pickering - August 31, 2022

239(2)(e) Litigation or potential litigation|Ontario Land Tribunal (OLT) (formerly OMB, LPAT)|committee of adjustment|zoning/planning

The Ombudsman reviewed a closed meeting held by council for the City of Pickering on January 10, 2022. The Ombudsman found that council discussed matters affecting the City and subject to ongoing appeals at the Ontario Land Tribunal. Accordingly, the discussion fit within the exception to the open meeting rules for litigation or potential litigation.

Read the Letter

City of Richmond Hill - March 31, 2021

239(2)(e) Litigation or potential litigation|Ontario Land Tribunal (OLT) (formerly OMB, LPAT)

The Ombudsman reviewed closed meetings held by the City of Richmond Hill to discuss a land use planning matter that had been appealed to the LPAT. The Ombudsman found that each discussion fit within the exception for litigation or potential litigation.

Read the Report

Norfolk County - November 7, 2016

239(2)(e) Litigation or potential litigation|litigation (potential)|appeal|zoning/planning|Ontario Land Tribunal (OLT) (formerly OMB, LPAT)

The Ombudsman reviewed a closed meeting held by council for the County of Norfolk that relied on the litigation or potential litigation exception to discuss the development of a site-specific zoning by-law. The Ombudsman noted that the municipality was aware that identifiable individuals planned to file an appeal of the enacted site-specific zoning by-law to the Ontario Municipal Board. The Ombudsman found that council’s discussion fit within the litigation or potential litigation exception because there was a reasonable prospect of litigation with respect to the site-specific zoning by-law.

Read the Report

Norfolk County - November 7, 2016

239(2)(f) Solicitor-client privilege|appeal|Ontario Land Tribunal (OLT) (formerly OMB, LPAT)|zoning/planning|legal advice

The Ombudsman reviewed a closed meeting held by council for Norfolk County that relied on the exception for solicitor-client privilege to discuss the development of a site specific zoning by-law. The municipality’s solicitor was present during the meeting and provided advice to council pertaining the different options for the zoning by-law and possible appeal to the Ontario Municipal Board (OMB) pending council’s decision. The Ombudsman found that council’s discussion fit within the exception for solicitor-client privilege.

Read the Report

Township of North Dumfries - October 23, 2013

239(2)(e) Litigation or potential litigation|litigation|legal advice|Ontario Land Tribunal (OLT) (formerly OMB, LPAT)

The Ombudsman reviewed a closed meeting held by council for the Township of North Dumfries to discuss matters before the Ontario Municipal Board (OMB). The meeting was closed under the litigation or potential litigation exception. Council received an update on the matters from the municipality’s solicitor. The Ombudsman found that the discussion fit within the litigation or potential litigation exception because council discussed two active appeals before a tribunal.

Read the Letter

Township of North Dumfries - October 23, 2013

239(2)(f) Solicitor-client privilege|appeal|Ontario Land Tribunal (OLT) (formerly OMB, LPAT)|legal advice

The Ombudsman reviewed a closed meeting held by council for the Township of North Dumfries to discuss matters before the Ontario Municipal Board (OMB). Council received an update on the matters from the municipality’s solicitor. Although not relied upon by the municipality, the Ombudsman found that the discussion fit within the exception for solicitor-client privilege.

Read the Letter

City of Greater Sudbury - February 14, 2013

239(2)(e) Litigation or potential litigation|litigation|Ontario Land Tribunal (OLT) (formerly OMB, LPAT)|zoning/planning

The Ombudsman reviewed a closed meeting held by council for the City of Greater Sudbury to discuss a pending appeal to the Ontario Municipal Board (OMB) of a decision of council to deny a severance application. The meeting was closed under the litigation or potential litigation exception. During the meeting, council received information from staff relating to the upcoming OMB hearing. Council also received correspondence from a ministry with respect to the ministry’s position on the severance application. The Ombudsman found that the discussion fit within the litigation or potential litigation exception.

Read the Letter

City of Greater Sudbury - February 14, 2013

239(2)(e) Litigation or potential litigation|litigation|staff report|Ontario Land Tribunal (OLT) (formerly OMB, LPAT)

The Ombudsman reviewed a closed meeting held by council for the City of Greater Sudbury to discuss an ongoing appeal before the Ontario Municipal Board (OMB). The meeting was closed under the litigation or potential litigation exception. During the meeting, council received information from staff related to the appeal that might affect the municipality’s response to the appeal. The Ombudsman found that the discussion fit within the litigation or potential litigation exception because council was discussing an ongoing appeal before a tribunal.

Read the Letter

Township of Woolwich - January 31, 2013

239(2)(e) Litigation or potential litigation|litigation|Ontario Land Tribunal (OLT) (formerly OMB, LPAT)|arbitration/mediation|legal advice

The Ombudsman reviewed a closed meeting held by council for the Township of Woolwich that relied on the litigation or potential litigation exception to discuss a proposed aggregate pit. During the meeting, the municipality’s solicitor provided an update to council on the status of mediation before the Ontario Municipal Board (OMB) concerning the aggregate pit, and council reviewed draft minutes of settlement. The Ombudsman found that council’s discussion fit within the litigation or potential litigation exception.

Read the Letter

Township of Woolwich - January 31, 2013

239(2)(f) Solicitor-client privilege|appeal|litigation|Ontario Land Tribunal (OLT) (formerly OMB, LPAT)|arbitration/mediation|legal advice

The Ombudsman reviewed a closed meeting held by council for the Township of Woolwich to discuss a proposed aggregate pit. During the meeting, the municipality’s solicitor provided an update to council on the status of mediation before the Ontario Municipal Board (OMB) concerning the aggregate pit, and council reviewed draft minutes of settlement. While not relied upon by the municipality, the Ombudsman found that council’s discussion fit within the exception for solicitor-client privilege.

Read the Letter

Town of Kearney - December 2, 2010

239(2)(e) Litigation or potential litigation|litigation (potential)|zoning/planning|Ontario Land Tribunal (OLT) (formerly OMB, LPAT)|appeal|litigation (speculative)

The Ombudsman reviewed a special closed meeting held by council for the Town of Kearney that relied on the “litigation or potential litigation” exception to discuss a rezoning application. As with any rezoning matter, there was a possibility that council’s decision would be appealed. However, the possibility of appeal is not sufficient to bring a matter within the realm of potential litigation. The Ombudsman found that council lacked the degree of certainty necessary to make the potential for litigation a reasonable prospect. Therefore, the matter did not fit within the exception for litigation or potential litigation.

Read the Letter

The Ontario Ombudsman’s work takes place on traditional Indigenous territories across the province we now call Ontario, and we are thankful to be able to work and live on this land. 

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