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ARTICLE · 21 JUNE 2023

Ontario's Auditor General Act Does Not Require The Disclosure Of Privileged Information To The Auditor General

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The Court of Appeal for Ontario recently confirmed the limited circumstances where solicitor-client privilege will be abrogated by a statutory provision.

CanadaLitigation, Mediation & Arbitration
Debbie Boswell
Debbie Boswell
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The Court of Appeal for Ontario recently confirmed the limited circumstances where solicitor-client privilege will be abrogated by a statutory provision.

In Ontario (Auditor General) v. Laurentian University, 2023 ONCA 299, the issue before the court was whether a provision in the Auditor General Act, R.S.O. 1990, c. A.35 ("the Act") gave the Auditor General the authority to compel Laurentian University to produce information that would otherwise be protected by privilege.

BACKGROUND

The Auditor General is an independent and non-partisan Officer of the Legislative Assembly of Ontario. Laurentian University is a public, post-secondary institution that has received grants from the Government of Ontario. Laurentian University recently faced some financial difficulties and formally sought creditor protection under the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36 on the basis that it was insolvent and unable to meet its payroll obligations.

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