March 20, 202320 March 2023
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, 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.
July 09, 202009 July 2020
The Ombudsman reviewed a closed meeting held by council for the Township of the North Shore relying on the exception for advice subject to solicitor-client privilege to discuss a draft by-law prepared by the township’s external solicitor. A third-party consultant, who also served as the township’s Integrity Commissioner, attended the meeting and provided comments on the draft by-law. The Ombudsman found that the presence of the consultant did not constitute a waiver of privilege and that the discussion fit within the exception for solicitor-client privilege.
March 01, 201701 March 2017
The Ombudsman reviewed a closed meeting held by the Corporate Services Committee for the City of London to discuss the hiring policy for senior staff, relying on the solicitor-client privilege exception. The municipality informed the Ombudsman that municipal solicitors were present during the closed session and provided legal advice, and that nothing else was addressed. The Ombudsman noted that some municipalities choose to waive solicitor-client privilege and provide privileged information during an investigation. The Ombudsman found that the discussion fit within the solicitor-client privilege exception.
January 24, 201424 January 2014
The Ombudsman reviewed a closed meeting held by council for the Town of Orangeville that relied on the litigation or potential litigation exception to discuss the terms of a lease agreement. The owner of the property was present during the meeting. There was a very real likelihood of litigation if the lease negotiations failed. However, the Ombudsman found that the presence of the owner of the property that the municipality was seeking to acquire disqualified the discussion from fitting within the litigation or potential litigation exception.
November 08, 201308 November 2013
The Ombudsman reviewed a closed meeting held by council for the Township of Ryerson to discuss a rezoning application for a quarry. The meeting was closed under the exception for solicitor-client privilege. The applicant was present during the closed session and reviewed with council the details related to a proposed haul route and site plan. The municipality’s solicitor wrote the cover letter that accompanied the site plan documents. The letter set out the solicitor’s position on the draft terms. The Ombudsman found that the presence of the applicant during the meeting constitutes a waiver of any solicitor-client privilege that might have applied to the discussion. Further, the solicitor’s letter contained comments directed at the third party, not legal advice to the municipality. Therefore, the discussion did not fit within the exception for solicitor-client privilege.
June 10, 201310 June 2013
The Ombudsman reviewed a closed meeting held by council for the Town of South Bruce Peninsula that relied on the exception for solicitor-client privilege to discuss a by-law with the municipality’s solicitor. When council returned to the open session, it passed a resolution to waive solicitor-client privilege and release two legal opinions on the matter. The Ombudsman found that despite the fact that council decided to waive privilege in open session, at the time of the closed session discussion council had sought legal advice that was intended to be confidential. Therefore, the discussion fit within the exception for solicitor-client privilege.
July 20, 201220 July 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.
May 23, 201223 May 2012
The Ombudsman reviewed a closed meeting held by council for the Township of Adelaide-Metcalfe that relied on the exception for solicitor-client privilege to discuss a site plan agreement and cost-sharing proposal from a local developer. The developer’s representatives were present during the closed session. The Ombudsman found that solicitor-client privilege applies to communications between a lawyer and client that entails the seeking or giving of legal advice and is intended to be confidential by the parties. In order to qualify for the exception, the privilege must not be waived by the municipality. The Ombudsman found that the presence of third parties at the closed session constituted a waiver of the solicitor-client privilege. Therefore, the discussion did not fit within the exception for solicitor-client privilege.