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  5. Pickering, City of

Pickering, City of

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    City of Pickering, August 31, 2022

    Read the Letter
    239(2)(e) Litigation or potential litigation
    Ontario Land Tribunal (OLT) (formerly OMB, LPAT)
    committee of adjustment
    zoning/planning

    The Ombudsman reviewed a closed meeting held by council for the City of Pickering on January 10, 2022. The Ombudsman found that council discussed matters affecting the City and subject to ongoing appeals at the Ontario Land Tribunal. Accordingly, the discussion fit within the exception to the open meeting rules for litigation or potential litigation.

    239(2)(f) Solicitor-client privilege

    The Ombudsman reviewed a closed meeting held by council for the City of Pickering on January 10, 2022. The Ombudsman found that council received legal advice while in closed session relating to matters affecting the City and subject to ongoing litigation. Accordingly, the discussion fit within the exception to the open meeting rules for advice subject to solicitor-client privilege.

    Resolution
    resolution (general description)

    The Ombudsman reviewed a closed meeting held by council for the City of Pickering on January 10, 2022. The resolution passed by council to proceed in camera cited the closed meeting exceptions it relied on to exclude the public, but failed to provide any further detail regarding the intended discussion. The Ombudsman noted that the agenda and minutes provided a general description of the matter to be discussed in closed session, however this information was not also included in the resolution itself.

    City of Pickering, September 23, 2020

    Read the Letter
    239(2)(c) Acquisition or disposition of land
    land transaction

    The Ombudsman received a complaint about a closed meeting held by council for the City of Pickering on August 10, 2020. Our review found that council discussed information related to a specific piece of land the municipality was considering purchasing. Once council returned to open session, it resolved to purchase the plot of land at a specific price and directed staff to execute an Agreement of Purchase and Sale and take other steps to finalize the sale. This discussion fit within the acquisition or disposition of land exception.

    239(2)(k) Plans and instructions for negotiations
    other level of government

    The Ombudsman received a complaint about a closed meeting held by council for the City of Pickering on August 10, 2020. Our review found that staff provided an update about ongoing negotiations with the province, the Region of Durham and the Town of Ajax related to the Durham Live development and the potential issuance of a Ministerial Zoning Order. The Ombudsman found that this discussion was permissible under section 239(2)(k) of the Municipal Act, 2001.

    Resolution
    resolution (specify exception)

    The Ombudsman received a complaint about a closed meeting held by council for the City of Pickering on August 10, 2020. The Ombudsman found that the resolution to proceed in camera failed to specify which closed meeting exception was intended to apply to each item. The Ombudsman suggested that the municipality adopt the best practice of having its resolution specify which closed meeting exception is being relied on for each closed session discussion topic.

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    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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