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  5. Carleton Place, Town of

Carleton Place, Town of

Town of Carleton Place, November 22, 2018

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239(2)(c) Acquisition or disposition of land
municipally owned property
land transaction (speculative)

The Ombudsman reviewed a closed meeting held by the policy review committee for the Town of Carleton Place that relied on the exception for acquisition or disposition of land to discuss the sale of two municipally owned properties. The properties were located in the municipality’s industrial park. Although the properties had not been listed for sale, the municipality had a long-term strategic project to sell its property within the industrial park. Council’s discussion focused on the impending sale of the properties, including declaring the lands surplus and setting a price per acre. The Ombudsman found that the discussion fit within the exception for acquisition or disposition of land.

239(2)(c) Acquisition or disposition of land
municipally owned property
roads and infrastructure

The Ombudsman reviewed a closed meeting held by the policy review committee for the Town of Carleton Place that relied on the exception for acquisition or disposition of land to discuss the installation of water and sewer servicing adjacent to municipally owned properties that were for sale. The discussion included financial information related to the installation of services that would impact the municipality’s bargaining position, including pricing strategy, for the municipally owned properties. The Ombudsman found that the discussion regarding the installation of servicing was inextricably linked to the sale of the municipally owned properties. Accordingly, the discussion fit within the exception for acquisition or disposition of land.

Town of Carleton Place, October 23, 2017

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239(2)(e) Litigation or potential litigation
litigation (potential)

The Ombudsman reviewed a closed meeting held by the Policy Review Committee for the Town of Carleton Place to discuss a statement made by the mayor. The meeting was closed under the litigation or potential litigation exception. The municipality believed the mayor’s statement opened up the municipality to possible litigation from an identifiable individual. The Ombudsman considered the broader circumstances of the meeting in determining whether there was a reasonable prospect of litigation at the time of the meeting. The Ombudsman found that the mayor’s statement was contentious but did not justify the municipality’s suspicion that the statement opened up the municipality to liability. Accordingly, the Ombudsman found that the discussion did not fit within the litigation or potential litigation exception.

Town of Carleton Place, January 16, 2014

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239(2)(e) Litigation or potential litigation
zoning/planning
legal advice
permit
litigation

The Ombudsman reviewed a closed meeting held by council for the Town of Carleton Place to discuss litigation filed against the municipality regarding a development/permit dispute. Council met with the municipality’s solicitor and received legal advice about the litigation. The Ombudsman found that the discussion fit within the litigation or potential litigation exception, even though it was not relied on by the municipality, because council was discussing a response to active litigation.

239(2)(f) Solicitor-client privilege
zoning/planning
permit
legal advice

The Ombudsman reviewed a closed meeting held by council for the Town of Carleton Place that relied on the exception for solicitor-client privilege to discuss litigation filed against the municipality regarding a development/permit dispute. Council met with the municipality’s solicitor and received legal advice about the litigation. The Ombudsman found that the discussion fit within the exception for solicitor-client privilege.

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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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