February 3, 2017
The City of Guelph was notified that files containing confidential information were inadvertently provided to the legal counsel of an individual with whom the City is in litigation.
As required by the legal discovery process, the City transferred files to the claimant’s legal counsel that were relevant to the litigation. However, the electronic media used to deliver these files also inadvertently included files not relevant to this litigation that had been deleted, but not permanently erased.
Immediately upon discovering the error, the City’s external legal counsel contacted the recipient’s legal counsel and asked them to return the information and expunge reference to the information in the recipient’s affidavit. These files have not yet been returned and we continue to pursue recovery of this information. If necessary, the City intends to seek a Court order and pursue all remedies available to it.
I apologize for this error. It should not have happened, and we are conducting a review to ensure there is additional due diligence in cases where private information is involved.