In its October 2022 decision in Fallis v. Orillia (City), the Ontario Superior Court of Justice – Divisional Court dismissed a municipal councillor’s judicial review application which sought to overturn an integrity commissioner’s ruling.
That prior ruling found the councillor in breach of a municipal code of conduct for disclosing closed session documents and internal legal advice relating to a waterfront development RFP when the councillor sought personal legal advice about the process. The integrity commissioner recommended that the city council suspend the councillor’s pay for 30 to 44 days. The court agreed that the disclosures breached the code of conduct.
As this case illustrates, public officials, including elected officials, should avoid disclosing confidential information relating to a public procurement process. While elected officials may exercise an oversight function in relation to a public institution, that oversight role typically remains subject to confidentiality and due process duties.
