Laurentian University need not hand privileged records over to AG, court rules


Published January 12, 2022 at 2:33 pm

The Ontario Superior Court has ruled that Laurentian University need not hand over privileged information to the auditor general.

The insolvent Sudbury, Ont., school has filed for creditor protection and is being investigated by auditor general Bonnie Lysyk. 

Lysyk announced last month that the auditor was taking Laurentian to court because, she said, the school had not handed over documents her office deemed essential. 

Laurentian argued that the Auditor General Act does not grant access to information protected by solicitor-client privilege — a position Superior Court Justice Geoffrey Morawetz agreed with. 

His decision, released Wednesday, says the act does not “expressly state” that it pierces solicitor-client privilege, so it cannot be interpreted to do so.

Laurentian says the decision provides “welcome clarification” to the law, while Lysyk says she plans to mount an appeal. 

This report by The Canadian Press was first published Jan. 12, 2022.

The Canadian Press

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