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The Ombudsman found that council for the Township of Lanark Highlands did not contravene the open meeting rules in the Municipal Act, 2001 when it discussed the Glenayr Kitten Mill in closed session. The Ombudsman found that these in camera discussions fit within the Act’s closed meeting exception for advice that is subject to solicitor-client privilege.
The Ombudsman reviewed the applicability of the exception for advice subject to solicitor-client privilege to the portions of four closed meetings held by Council for the Township of Minden Hills on October 14, November 11, and December 9, 2021 and January 27, 2022. At these meetings, Council for Minden Hills discussed legal advice obtained from the Township’s solicitors. The Ombudsman found that these discussions fit within the exception for advice subject to solicitor-client privilege.
The Ombudsman reviewed a closed meeting of council for the Municipality of Northern Bruce Peninsula to discuss an application made under the Land Titles Act for a property located within the municipality. During the Ombudsman’s review, the municipality raised the solicitor-client advice exception as applicable to the closed meeting. During the meeting, staff briefly referenced legal advice that the municipality had previously received. The Ombudsman found that the legal advice was only briefly mentioned and not discussed further by council. Accordingly, the discussion did not fit within the solicitor-client advice exception.
The Ombudsman reviewed a closed meeting held by council for the Municipality of Temagami that relied on the exception for solicitor-client privilege to discuss correspondence from identifiable individuals. During the meeting, the clerk provided council with an overview of a conversation with legal counsel, including preliminary comments and legal advice related to the correspondence. The Ombudsman found that the discussion fit within the solicitor-client privilege exception.
The Ombudsman reviewed a closed meeting held by council for the Town of Amherstburg to discuss a request for legal fee reimbursement by an identified individual. Council was provided with a confidential staff report on the matter including a copy of written legal advice obtained from external counsel. While council did not rely on the solicitor-client privilege exception, the Ombudsman considered whether it applied to the discussion. The Ombudsman found that council was provided with written legal advice from external counsel as well as legal advice conveyed by staff from the external counsel. Therefore, the discussion fit within the solicitor-client privilege exception.
The Ombudsman reviewed a closed meeting held by council-in-committee for Norfolk County that relied on the exception for solicitor-client privilege to discuss a request for proposals for a construction contract in the municipality. During the closed session, staff conveyed legal advice received regarding the vendors that had bid on the contract. 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 City of Owen Sound that relied on the exception for solicitor-client privilege to discuss a decision of the Supreme Court of Canada about prayer during council meetings. The municipality had a practice of beginning each meeting with a faith blessing. During the meeting, council discussed the contents of communications between staff and the municipality’s solicitor which provided legal advice related to council’s faith blessing. The Ombudsman found that the discussion fit within the exception for solicitor-client privilege.
The Ombudsman reviewed a closed meeting held by the City of London’s Strategic Priorities and Policy Committee that relied on the exception for solicitor-client privilege to discuss the decommissioning of the old Victoria Hospital lands. The committee discussed legal advice conveyed by staff that was received from the municipality’s solicitor with respect to the process to decommission the site. The Ombudsman found that the discussion fit within the exception for solicitor-client privilege.