Orangeville, Town of

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.

The Ombudsman reviewed a closed meeting held by council for the Town of Orangeville that relied on the acquisition or disposition of land exception to discuss the terms of a lease agreement. The owner of the property was present during the meeting. 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 acquisition or disposition of land exception. The primary purpose of the exception is to protect the municipality’s bargaining position in property negotiations. The presence of the property owner during the discussion defeats this purpose.