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arbitration/mediation

Town of Grimsby - November 14, 2016

239(2)(e) Litigation or potential litigation|litigation (potential)|municipally controlled corporation|hydro company|arbitration/mediation|sensitive business information

The Ombudsman reviewed a closed meeting held by council for the Town of Grimsby to discuss a municipally controlled corporation, relying on the litigation or potential litigation exception. During the closed session, council discussed a proposal to obtain a business valuation of the corporation. The municipality believed that the business valuation of the corporation was sensitive business information that should remain confidential. The discussion referenced an ongoing arbitration process involving the municipality, however the arbitration was not the focus of the discussion. The Ombudsman found that binding arbitration may be akin to litigation. However, the discussion did not fit within the litigation or potential litigation exception because there was no evidence that the discussion involved current or pending litigation.

Read the Report

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

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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