The case was heard by the Ontario Court of Appeal on Nov. 15
Counsel for Ontario’s auditor general went before the courts Nov. 15 to appeal a decision handed down in early 2022 in which a judge sided with Laurentian University’s position that it did not have to provide privileged documents to the AG’s office.
In the course of Lysyk’s audit, Laurentian refused to provide privileged information to the audit team, saying they did not have to do so under provincial legislation. Lysyk said last January she was planning to appeal the court’s interpretation of the Auditor General’s Act, something that came to pass this week.
In the original decision released last winter, Chief Justice Geoffrey Morawetz said the Auditor General Act does not “demonstrate a clear and unambiguous intent to abrogate solicitor-client privilege.” Laurentian counsel Fredrick Schumann said the question that needs to be grappled with is whether the “abrogation of privilege of the entire government and the broader public sector” is what the Ontario legislature intended.
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