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Essex, Town of

Town of Essex - October 24, 2025

Read the Report
239(2)(c) Acquisition or disposition of land
239(2)(i) Information supplied in confidence by a third party
239(2)(k) Plans and instructions for negotiations
resolution (general description)

The Ombudsman reviewed closed meetings held by council for the Town of Essex on February 20 and April 29, 2024. The Ombudsman found that council’s in camera discussion on February 20, 2024 about a plan to purchase a property and lease it to a third party fit within the open meeting exceptions for acquisition or disposition of land, and plans and instructions for negotiations. The Ombudsman also found that council’s closed meeting on April 29, 2024 fit within the open meeting exceptions for the acquisition or disposition of land, and information supplied in confidence by a third party, as council discussed details of a potential land transaction including confidential technical and commercial information. Lastly, the Ombudsman determined that the Town contravened the Municipal Act, 2001 in failing to state by resolution the general nature of the subject matter to be discussed in its closed sessions.

239(2)(e) Litigation or potential litigation
239(2)(f) Solicitor-client privilege
239(3.1) Education or training
resolution (general description)

The Ombudsman reviewed a closed meeting held by council for the Town of Essex on April 15, 2024. The Ombudsman found that council’s discussion about litigation surrounding improvements to a local drain fit within the open meeting exception for solicitor-client privilege. The Ombudsman found that council’s discussions did not fit within the exception for education or training as the discussions were not general in nature but directly impacted the business or decision-making of the municipality. While not cited by council in its resolution to proceed into closed session, the Ombudsman found that the exception for litigation or potential litigation also applied to the in camera discussion as the threats of litigation received by the Town were at the core of the entire closed session discussion. Lastly, the Ombudsman determined that the Town contravened the Municipal Act, 2001 in failing to state by resolution the general nature of the subject matter to be discussed in its closed session.

239(2)(i) Information supplied in confidence by a third party
239(2)(j) Information belonging to the municipality
resolution (general description)

The Ombudsman reviewed a closed meeting held by council for the Town of Essex on May 6, 2024 where it cited the open meeting exceptions for information supplied in confidence by a third party and information belonging to the municipality to move in camera. The Ombudsman found that council’s discussions fit within the cited exceptions as confidential commercial and financial information supplied by a third party, as well as information belonging to the Town, were at the centre of the discussions, and public disclosure could have adversely affected the third party and the Town. The Ombudsman determined that the Town contravened the Municipal Act, 2001 in failing to state by resolution the general nature of the subject matter to be discussed in its closed session.

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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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