Court documents detail standoff between Laurentian, auditor general, over insolvency audit
A dispute between Laurentian University and the Auditor General's office boiled over last summer, with AG staff refusing to leave the university until they gained access to all the documents they were seeking.
At one point, Auditor General Bonnie Lysyk told LU it was committing an offence by not releasing all documents, regardless of whether they were covered by solicitor-client privilege.
According to court filings ahead of a December hearing on the issue, Laurentian objected to the AG's request to hand over more than 2.4 million emails dating back to 2015.
LU argued the emails, including from President Robert Haché, former president Dominic Giroux and other LU administrators, included privileged information. Laurentian said it would take years to comb through the emails to redact any private information.
The auditor also wanted access to minutes from all closed-door meetings held by university administrators, which the university said was also privileged.
Lysyk is conducting a forensic audit following LU's declaration of insolvency in February under the Companies' Creditors Arrangement Act. It was the first university to claim insolvency in Ontario's history.
Laurentian said it is cooperating with Lysyk but insists it does not have to surrender information that is covered by solicitor-client privilege. The AG argues that section 10 of Ontario's Auditor General Act authorizes her to receive any document she requires to complete her work.
That section of the Act says the auditor can access any information it requires, and that surrendering those documents "does not constitute a waiver of solicitor-client privilege, litigation privilege or settlement privilege."
On Aug. 11, staff from the auditor's office refused to leave Laurentian's IT department until it received the documents it was looking for. On the same day, Lysyk issued a summons to Haché, requiring the university to produce all the documents by Aug. 13 or face possible penalties.
But that request was withdrawn at a case conference Aug. 12 in front of Chief Justice Geoffrey B. Morawetz. Lawyers for the AG said while they still insist Lysyk has the right to access any document, "the auditor general has decided not to legally pursue the production of privileged documents and will conduct her audit using information and documents that she voluntarily receives from Laurentian University."
But the issue arose again Aug. 30, when the auditor wanted to interview Sara Kunto, the former secretary and general counsel at LU.
"I am requesting that the university inform Ms. Kunto that she can freely discuss all matters that will assist our value-for-money audit,” Lysyk wrote in a letter to the university.
"Dr. Haché responded to Ms. Lysyk’s letter on Aug. 31," the court transcript said. "His letter stated that Ms. Kunto could meet with the auditor general, but could not disclose privileged information."
Lysyk responded Sept. 8, saying "we require access to all privileged information, both documentary and from interviewees such as Sara Kunto."
Rather than trying to sanction the university, she said she would be applying to the court for a ruling on whether the Auditor General Act grants her access to privileged information.
That hearing is expected to be held the week of Dec. 6 or Dec. 13.
Read the full transcript here.
CTVNews.ca Top Stories
BREAKING Former Air Canada employees among suspects identified in gold heist at Pearson airport: police
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
'$6.66 per day': Advocacy groups disheartened by funding in budget for disability benefit
Advocacy groups across Canada are expressing widespread disappointment about the amount of funding earmarked in the 2024 federal budget for the long-awaited Canada Disability Benefit.
BREAKING Toronto Raptors player Jontay Porter banned from NBA
Toronto Raptors player Jontay Porter has been handed a lifetime ban from The National Basketball Association (NBA) following an investigation which found he disclosed confidential information to sports bettors, the league says.
Earthquake jolts southern Japan
An earthquake with a preliminary magnitude of 6.4 hit southern Japan late on Wednesday, said the Japan Meteorological Agency, without issuing a tsunami warning.
MPs summon ArriveCan contractor to the House to be admonished in rare parliamentary display
Enacting an extraordinarily rarely used parliamentary power, MPs have summoned an ArriveCan contractor to appear before the House of Commons on Wednesday afternoon to be admonished publicly for failing to answer their questions.
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
Gas prices across Ontario expected to climb to levels not seen since 2022, analyst says
Ontario is going to see a big jump at the pumps later this week as gas prices in the province hit levels not seen in nearly two years, according to one industry analyst.
Ancient skeletons unearthed in France reveal Mafia-style killings
More than 5,500 years ago, two women were tied up and probably buried alive in a ritual sacrifice, using a form of torture associated today with the Italian Mafia, according to an analysis of skeletons discovered at an archeological site in southwest France.
Paul McCartney and John Lennon’s sons have released a single together
A new Lennon and McCartney collaboration is the last thing anybody expected.