Midland, Town of

The Ombudsman found that the Town of Midland, the Town of Penetanguishene, and the Township of Tiny contravened the open meeting rules under their respective procedure by-laws when the municipalities failed to provide updated public notice regarding the changed electronic location  for a meeting of the Huronia Airport Task Force on April 19, 2022, and also failed to record minutes of that meeting.

The Ombudsman found that the Huronia Airport Task Force was a committee of the Town of Midland, the Town of Penetanguishene, and the Township of Tiny under each municipality’s procedure by-law, and that the Task Force’s April 19, 2022 presentation was a meeting subject to the open meeting rules.

The Ombudsman reviewed a closed meeting held by council for the Town of Midland. The meeting was closed under the litigation or potential litigation exception. During the meeting, council voted to provide direction to staff to bring a resolution into the open session. The Ombudsman found that the subject matter did not fit within the cited exception. Accordingly, the vote was improper.

The Ombudsman reviewed a closed meeting held by council for the Town of Midland to discuss options related to a site plan agreement for a subdivision located in the municipality. The meeting was closed under the litigation or potential litigation exception. The site plan agreement had been the subject of complaints by residents. At the time of the meeting there was no specific threat of litigation or pending litigation with respect to the site plan agreement. Council’s discussion focused on matters that theoretically could lead to litigation depending on how council proceeded. The nature of the matter and the tone of communications between the municipality, residents and the developer was contentious. The Ombudsman found that the discussion did not fit within the litigation or potential litigation exception because litigation or other legal action did not rise above mere speculation.

The Ombudsman reviewed a closed meeting held by council for the Town of Midland that relied on the exception for solicitor-client privilege to discuss a civilian appointment to the police service board. During the meeting, the municipality’s solicitor was present, provided advice, and received instructions from council. The Ombudsman found that the discussion fit within the exception for solicitor-client privilege.

The Ombudsman reviewed a closed meeting held by council for the Town of Midland that relied on the exception for solicitor-client privilege to discuss a council member’s request for indemnification of legal fees incurred as a police service board member. The Ombudsman found that the substance of the legal advice provided to the council member was not discussed. The focus of the discussion was on whether the legal bill qualified for reimbursement under the municipality’s policy. The Ombudsman found that the discussion did not fit with within the exception for solicitor-client privilege.

The Ombudsman reviewed a closed meeting held by council for the Town of Midland to discuss a council member’s request for indemnification for legal fees incurred as a police services board member. The meeting relied on the personal matters exception. The Ombudsman found that council’s discussion did not fit within the personal matters exception because the discussion related to the council member in his official capacity and much of the information was already known to the public. 

The Ombudsman reviewed a closed meeting held by the Planning and Development Committee for the Town of Midland that relied on the litigation or potential litigation exception to discuss a zoning dispute. The committee was considering a lawyer’s letter that identified specific legal action that would be taken if the zoning matter was not resolved. The Ombudsman found that the committee perceived that there was a real possibility of litigation based on the letter and was considering how to respond to the potential for legal action. Therefore, the discussion fit within the litigation or potential litigation exception.