The Auditor General of Ontario sought declarations that it had the authority under the Auditor General Act to compel grant recipients, specifically Laurentian University, to provide information and records subject to solicitor-client, litigation, or settlement privilege for audit purposes.
Laurentian University argued that the Act did not contain the clear and unambiguous language required to abrogate such fundamental privileges.
The court dismissed the Auditor General's application, holding that sections 10 and 27.1 of the Auditor General Act did not explicitly or unambiguously confer the power to compel disclosure of privileged information, and that privilege cannot be abrogated by inference.
