Item - 2011.PG2.10

Tracking Status

PG2.10 - Court Decision Regarding Municipal Code Chapter 771, Third Party Sign Tax

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on April 12 and 13, 2011, adopted the following:

 

1.         City Council adopt the recommendations contained in Confidential Attachment 1 of the report (March 21, 2011) from the City Solicitor.

 

2.         City Council authorize the public release of Confidential Recommendations 1 and 2 in Attachment 1 of the report (March 21, 2011) from the City Solicitor, if those recommendations are adopted by Council and, on recommendation 2, if the action referred to in that recommendation is taken, and the remaining recommendations remain confidential.

 

3.         City Council authorize and direct the appropriate City staff to take the necessary action to give effect thereto.

 

The following Recommendations 1 and 2 contained in Confidential Attachment 1 to the report (March 21, 2011) from the City Solicitor are now public:

 

1.         City Council instruct the City Solicitor to appeal the decision of the Superior Court of Justice in the case of Out-of-Home-Marketing Association of Canada v. City of Toronto.

 

2.         If Pattison Outdoor Advertising LP and Pattison Sign Group appeal the decision of the Superior Court of Justice in their application against the City, City Council instruct the City Solicitor to cross-appeal with respect to the order of the Court sealing a portion of the Court record.

 

The balance of Confidential Attachment 1 to the report (March 21, 2011) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006 as it contains information subject to litigation or potential litigation and the receiving of advice that is subject to solicitor client privilege.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on April 12, 2011, to consider confidential information on this Item as it deals with litigation or potential litigation including matters before administrative tribunals, affecting the municipality or local board and the receiving of advice that is subject to solicitor client privilege.  Committee of the Whole subsequently did not consider this matter in closed session.

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and the receiving of advice that is subject to solicitor-client privilege

Background Information (Committee)

(March 21, 2011) Court Decision Regarding Municipal Code Chapter 771, Third Party Sign Tax
https://www.toronto.ca/legdocs/mmis/2011/pg/bgrd/backgroundfile-36716.pdf
Court Decision regarding Third Party Sign Tax (Notice of Pending Report)
https://www.toronto.ca/legdocs/mmis/2011/pg/bgrd/backgroundfile-36624.pdf

Communications (Committee)

(March 22, 2011) E-mail from Austin and Beverly Clarkson (PG.New.PG2.10.1)
(March 22, 2011) E-mail from Adam Clare (PG.New.PG2.10.2)
(March 22, 2011) E-mail from Patrick Dinnen (PG.New.PG2.10.3)
(March 23, 2011) E-mail from Vivian Harrower (PG.New.PG2.10.4)
(March 24, 2011) E-mail from Melissa Goldstein (PG.New.PG2.10.5)
(March 24, 2011) E-mail from Clara Fraser, Beautiful City, Manifesto (PG.New.PG2.10.6)

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Apr-13-2011 2:06 PM

Result: Carried Majority Required - PG2.10 - Adopt the item
Total members that voted Yes: 35 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 10 Members that were absent are Paul Ainslie, John Filion, Doug Ford, Mark Grimes, Giorgio Mammoliti, Denzil Minnan-Wong, Cesar Palacio, John Parker, Anthony Perruzza, Kristyn Wong-Tam

PG2.10 - Court Decision Regarding Municipal Code Chapter 771, Third Party Sign Tax

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and the receiving of advice that is subject to solicitor-client privilege

Committee Recommendations

The Planning and Growth Management Committee recommends that:

 

1.         City Council adopt the recommendations contained in Confidential Attachment 1 of the report (March 21, 2011) from the City Solicitor.

 

2.         City Council authorize the public release of Confidential Recommendations 1 and 2 in Attachment 1 of the report (March 21, 2011) from the City Solicitor, if those recommendations are adopted by Council and, on recommendation 2, if the action referred to in that recommendation is taken, and the remaining recommendations remain confidential.

 

3.         City Council authorize and direct the appropriate City staff to take the necessary action to give effect thereto.

 

Origin

(March 21, 2011) Report from the City Solicitor

Summary

This report summarizes the decision of the Superior Court of Justice released on March 3, 2011 in two Court applications regarding Municipal Code Chapter 771, Third Party Sign Tax.  The confidential portion of this report (Attachment 1) provides confidential information and recommendations regarding this decision.

Background Information

(March 21, 2011) Court Decision Regarding Municipal Code Chapter 771, Third Party Sign Tax
https://www.toronto.ca/legdocs/mmis/2011/pg/bgrd/backgroundfile-36716.pdf
Court Decision regarding Third Party Sign Tax (Notice of Pending Report)
https://www.toronto.ca/legdocs/mmis/2011/pg/bgrd/backgroundfile-36624.pdf

Communications

(March 22, 2011) E-mail from Austin and Beverly Clarkson (PG.New.PG2.10.1)
(March 22, 2011) E-mail from Adam Clare (PG.New.PG2.10.2)
(March 22, 2011) E-mail from Patrick Dinnen (PG.New.PG2.10.3)
(March 23, 2011) E-mail from Vivian Harrower (PG.New.PG2.10.4)
(March 24, 2011) E-mail from Melissa Goldstein (PG.New.PG2.10.5)
(March 24, 2011) E-mail from Clara Fraser, Beautiful City, Manifesto (PG.New.PG2.10.6)

Speakers

Devon Ostrom, BeautifulCity.ca
Claire Hopkinson, Toronto Arts Council
Claire McWatt, The Toronto Youth Cabinet
Rami Tabello
Clara Fraser, Beautiful City, Manifesto
Shannon Litzenberger, Toronto Arts Foundation
David Senater, Senater Consulting
Councillor Shelley Carroll
Councillor Janet Davis
Councillor Joe Mihevc

Motions

Motion to Adopt Item moved by Councillor Gary Crawford (Carried)
Source: Toronto City Clerk at www.toronto.ca/council