The Ombudsman reviewed a closed meeting held by council for the Town of Cochrane that relied on the exception for solicitor-client privilege to discuss the Ombudsman’s recommendations made in a previous report. The municipality’s solicitor was present during the meeting and provided legal advice to council. The Ombudsman found that council’s discussion fit within the exception for solicitor-client privilege.
Town of Cochrane - April 27, 2015
Town of Amherstburg - July 20, 2012
The Ombudsman reviewed a closed meeting held by council for the Town of Amherstburg to discuss a report issued by the Ombudsman, relying on the exception for solicitor-client privilege. Council considered written legal advice from the municipality’s solicitor who was also present during the closed session. The written legal advice had been publicly posted on the municipality’s website in error. The Ombudsman found that in many cases, public disclosure of confidential information is a factor weighing in favour of discussing the information in the open. In this case, the Ombudsman found that the information posted to the municipality’s website was done so in error and was intended to remain confidential. Council did not waive its solicitor-client privilege. Therefore, the discussion fit within the exception for solicitor-client privilege.