The Ombudsman investigated a special closed meeting held by the Grey Bruce Health Unit’s Board of Health on May 12, 2021, as well as a closed meeting held by the Board’s Executive Committee on May 10, 2021. At both meetings, the discussion concerned potential litigation following the Health Unit’s receipt of a letter from a lawyer threatening litigation. The potential litigation was more than remote or speculative. At both meetings, litigation strategy was discussed. Accordingly, although not cited by either the Board of Health or the Executive Committee to close the May 10 and 12, 2021 meetings, the Ombudsman found that both discussions fit within the exception for litigation or potential litigation.
Grey Bruce Health Unit, March 20, 2023
Read the ReportThe Ombudsman investigated a special closed meeting held by the Grey Bruce Health Unit’s Board of Health on May 12, 2021, as well as a closed meeting held by the Board’s Executive Committee on May 10, 2021. At both meetings, legal advice was received from solicitors about a letter the Health Unit had received from a lawyer threatening litigation. The confidential legal advice received was about the appropriate steps to be taken in response to the letter, as well as litigation strategy. A third-party consultant was also present at both meetings. However, the Ombudsman found that the third-party consultant provided insights that supplemented, and were informed by, the legal advice given by the solicitors. The presence of the third-party consultant therefore did not constitute waiver of solicitor-client privilege. Accordingly, the discussions of the Board of Health and the Executive Committee fit within the exception for advice subject to solicitor-client privilege.
The Ombudsman investigated a special closed meeting held by the Grey Bruce Health Unit’s Board of Health on May 12, 2021, as well as a closed meeting held by the Board’s Executive Committee on May 10, 2021. With respect to the Board of Health’s meeting on May 12, 2021, the Ombudsman found that the Board discussed a particular Health Unit employee’s experience, competence, and salary (including detailed information about compensation structure). Accordingly, although not cited by the Board of Health to close the meeting, the Ombudsman found that the exception for personal matters about an identifiable individual applied to this part of the Board’s discussion.
The Ombudsman investigated a special closed meeting held by the Grey Bruce Health Unit’s Board of Health on May 12, 2021, as well as a closed meeting held by the Board’s Executive Committee on May 10, 2021. While the Ombudsman found that the topics discussed at both meetings fit within exceptions under the Municipal Act, 2001, he found that the Board of Health and the Executive Committee contravened the Act by failing to record all matters discussed in closed session in the meeting minutes.
The Ombudsman investigated a special closed meeting held by the Grey Bruce Health Unit’s Board of Health on May 12, 2021, as well as a closed meeting held by the Board’s Executive Committee on May 10, 2021. While the Ombudsman found that the topics discussed at both meetings fit within exceptions under the Municipal Act, 2001, he found that the Board of Health and the Executive Committee contravened the Act by passing resolutions to proceed in camera without providing a general description of the matters to be discussed.