Council Waives Privilege On Limited Information
Burlington, Ont.—March 10, 2026— At its March 10, 2026 meeting, Council considered confidential report LLS-20-26 from City Legal regarding the public disclosure of information that was subject to solicitor-client privilege.
Following that review, Council accepted City Legal’s recommendation to waive solicitor-client privilege over limited information related to Council’s authorization of staff to negotiate the acquisition of the remaining Millcroft Golf Course lands, excluding those already approved for redevelopment by the Ontario Land Tribunal, subject to the final approval of Council.
The information was made public by Councillor Bentivegna and subsequently, as part of a joint statement, by Councillor Bentivegna and Mayor Meed Ward, based on the advice received, at the time from the CAO, that it could be disclosed. Once it was determined by the Commissioner of Legal and Legislative Services that there had been a breach of solicitor-client privilege, steps were taken to remove the information from social media and the two Members of Council apologized for their inadvertent error. Council accepted that apology.
Council’s waiver applies only to the specific information that had already been disclosed publicly, namely:
that Council authorized the CAO to negotiate the acquisition of the remaining Millcroft Golf Course lands and to report back to Council for further instructions should the owner be willing to sell at the offered price;
that the Chief Administrative Officer contacted the owner to inquire about a potential City purchase of all or part of those lands for $15 million, a sum approximately three times the amount the golf course was purchased for in 2020, prior to residential use being permitted on the lands;
that the owner subsequently advised the City that it was not interested in selling the remaining lands to the City at that price.
All other aspects of this matter remain confidential and subject to solicitor-client privilege.
