The Ombudsman investigated a closed meeting held by the City of Elliot Lake to discuss a court decision involving the municipality. During the meeting, council received legal advice and provided instructions to its solicitor. The Ombudsman found that the closed session discussion fit within the exception for advice subject to solicitor-client privilege.
City of Elliot Lake - February 20, 2024
County of Haliburton - December 6, 2023
The Ombudsman investigated a closed meeting held by the County of Haliburton to discuss the closure of a local hospital emergency room. The Ombudsman considered whether the exception for advice subject to solicitor-client privilege would apply to the discussion. During the meeting, a council member shared legal advice he obtained from a lawyer. The councillor contacted the lawyer in his capacity as a member of council, although he was not directed by council to do so. The Ombudsman recognized that solicitor client privilege attaches to communications as soon as the potential client takes the first step, even before a formal retainer is established. The Ombudsman found that portions of the closed session discussion fit within the exception for advice subject to solicitor-client privilege.
Town of South Bruce Peninsula - September 13, 2022
The Ombudsman received two complaints alleging that the Town of South Bruce Peninsula voted in closed session on April 28, 2022, contrary to the requirements in the Municipal Act, 2001. Specifically, the complainants alleged that council voted in closed session not to appeal a decision of the Ontario Court of Appeal. The Ombudsman’s review determined that while in closed session, council voted to direct staff not to proceed with any further appeal of the court decision. The Ombudsman found that this vote did not contravene the Act, as the vote occurred during a properly closed session and was a direction to staff.
Town of South Bruce Peninsula - September 13, 2022
The Ombudsman received two complaints alleging that the Town of South Bruce Peninsula voted in closed session on April 28, 2022, contrary to the requirements in the Municipal Act, 2001. The Ombudsman’s review determined that during the in camera discussion on April 28, 2022, council discussed whether to appeal a court decision. Accordingly, this discussion properly fit within the open meeting exception for litigation or potential litigation.
Town of South Bruce Peninsula - September 13, 2022
The Ombudsman received two complaints alleging that the Town of South Bruce Peninsula voted in closed session on April 28, 2022, contrary to the requirements in the Municipal Act, 2001. The Ombudsman’s review determined that during the in camera discussion, council discussed legal advice related to a court decision and discussed how to proceed. Accordingly, this discussion properly fit within the open meeting exception for solicitor-client privilege.
Township of Tiny - May 24, 2012
The Ombudsman reviewed a closed meeting held by the Committee of the Whole for the Township of Tiny to discuss the community’s reaction to a court decision involving the municipality. The meeting was closed under the litigation or potential litigation exception. The court decision related to ownership of a stretch of beach located in the municipality. The Ombudsman found that the discussion did not fit within the litigation or potential litigation exception because the committee had not discussed current or pending litigation.