Item - 2015.CC5.11

Tracking Status

  • City Council adopted this item on March 31, 2015 without amendments.

CC5.11 - Court Decision regarding Municipal Code Chapter 545 Article VIII, Owners and Drivers of Taxicabs

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on March 31, April 1 and 2, 2015, adopted the following:

 

1.  City Council adopt the recommendations in Confidential Attachment 1 to the report (March 24, 2015) from the City Solicitor.

 

2.  City Council authorize the public release of the recommendations in Confidential Attachment 1 to the report (March 24, 2015) from the City Solicitor, and City Council direct that the balance of Confidential Attachment 1 to the report (March 24, 2015) from the City Solicitor remain confidential.

 

The following recommendations in Confidential Attachment 1 to the report (March 24, 2015) from the City Solicitor were adopted by City Council and are now public:

 

1.  The City not appeal the decision of the Ontario Superior Court of Justice in Toronto Taxi Alliance Inc. v. City of Toronto and Taxiworkers Association of Ontario.

 

2.  City Council authorize and direct the appropriate City officials to take the necessary action to give effect to Council's decision.

 

The balance of Confidential Attachment 1 to the report (March 24, 2015) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation and contains advice or communications that are 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 March 31, 2015, to consider confidential information on this Item as it relates to litigation or potential litigation and advice or communications that are subject to solicitor client privilege.  City Council subsequently considered this Item in public session only.

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

Background Information (City Council)

(March 24, 2015) Report from the City Solicitor on Court Decision regarding Municipal Code Chapter 545 Article VIII, Owners and Drivers of Taxicabs (CC5.11)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-78305.pdf
Confidential Attachment 1

Motions (City Council)

Report of Committee of the Whole

March 31, 2015 at 7:37 p.m. - Speaker Nunziata advised that City Council had not considered Item CC5.11 in the closed session.


1 - Motion to Amend Item (Additional) moved by Deputy Mayor Denzil Minnan-Wong (Lost)

That City Council direct the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee, at the first opportunity on all outstanding directives related to the Toronto Municipal Code, Chapter 545, Article VIII, Owners and Drivers of Taxicabs including directives from the meeting of City Council on February 19, 2014 and from the meeting of Licensing and Standards Committee on March 24, 2015, and include consultation on a mandatory conversion deadline for taxicab licences.

Vote (Amend Item (Additional)) Apr-02-2015 3:25 PM

Result: Lost Majority Required - CC5.11 - Minnan-Wong - motion 1
Total members that voted Yes: 17 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Gary Crawford, Joe Cressy, Janet Davis, John Filion, Paula Fletcher, Mary Fragedakis, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Gord Perks, David Shiner, Kristyn Wong-Tam
Total members that voted No: 24 Members that voted No are Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Raymond Cho, Josh Colle, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Rob Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson
Total members that were Absent: 4 Members that were absent are Shelley Carroll, Mike Layton, Chin Lee, John Tory

Motion to Adopt Item (Carried)

Vote (Adopt Item) Apr-02-2015 3:27 PM

Result: Carried Majority Required - CC5.11 - Adopt the item
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Rob Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Joe Cressy, Paula Fletcher, Mary Fragedakis, Denzil Minnan-Wong
Total members that were Absent: 4 Members that were absent are Shelley Carroll, Mike Layton, Chin Lee, John Tory

a - Point of Order by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Order, stated that he needed clarification on whether Council could give instructions to the Licensing and Standards Committee on this Item.

Ruling by Speaker Frances Nunziata
Speaker Nunziata, accepted the Point of Order and ruled only if the instructions related to the report before Council.


Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that he needed clarification on whether a motion that introduces a new form of taxi industry would be ruled out of order.

Ruling by Speaker Frances Nunziata
Speaker Nunziata, accepted the Point of Order and ruled that as motions are placed, she will rule on whether they are in order or not.


Point of Order by Councillor Denzil Minnan-Wong

Deputy Mayor Minnan-Wong, rising on a Point of Order, stated that motions are just proposed until they are properly placed and asked the Speaker to rule on Councillor Mammoliti's questions of staff about motions.

Ruling by Speaker Frances Nunziata
Speaker Nunziata, accepted the Point of Order, and ruled that Councillor Mammoliti may not ask questions of staff about proposed motions.


a - Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, asked whether staff can be questioned after a motion is placed.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that once a motion is placed, questions may be asked of the mover.


b - Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, asked for clarification on whether the proposed motion brings forward Uber.

Ruling by Speaker Frances Nunziata
Speaker Nunziata, accepted the Point of Order and ruled that staff can't be asked questions about proposed motions.


c - Point of Order by Councillor Giorgio Mammoliti

 Councillor Mammoliti, rising on a Point of Order stated that he would like to ask questions of staff once a motion is placed and will move a motion to do so at that time.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that the motion would not be in order.


b - Point of Order by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Order, asked for clarification on a report in the media about a proposed motion by the Deputy Mayor.

Ruling by Speaker Frances Nunziata
Speaker Nunziata, accepted the Point of Order and ruled that she would not comment on reports in the media.


c - Point of Order by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Order, asked for staff to comment on the Speaker's ruling.

Ruling by Speaker Frances Nunziata
Speaker Nunziata asked the Clerk to respond.

The City Clerk advised Council that the Speaker has made a ruling and that staff do not comment on rulings. The Speaker's ruling is final.


d - Point of Order by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Order, asked the Speaker to clarify her previous ruling as he understood that the Speaker had ruled that there would be no motions.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that she had already ruled on this matter and asked the City Clerk to display her ruling for the Members.


e - Point of Order by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Order, stated that he needed clarification on whether the Speaker had indicated no motions in her previous ruling.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that she had already indicated that she would review each motion to determine if was in order and ruled Councillor Karygiannis out of order.

Councillor Karygiannis questioned the Speaker on her ruling him out of order.

Speaker Nunziata gave Councillor Karygiannis his first warning.


d - Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that he needed clarification on why the Speaker had ruled Councillor Karygiannis out of order.

Ruling by Speaker Frances Nunziata
Speaker Nunziata, accepted the Point of Order and ruled that she had made a ruling, had answered the Councillor's questions but he would not accept her answers, and that her ruling was final.


Point of Order by Councillor John Campbell

Councillor Campbell, rising on a Point of Order, asked the Speaker to rule on whether motion 1 by Deputy Mayor Minnan-Wong was in order.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled motion 1 by Deputy Mayor Minnan-Wong in order.


Point of Privilege by Councillor Cesar Palacio

Councillor Palacio, rising on a Point of Privilege, stated that he had only one conversation with the Deputy Mayor about this matter and that he wasn't consulted on the motion.


e - Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, asked for clarification on why he was not allowed to continue questioning the Deputy Mayor on his motion.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Mammoliti's questions had not been on topic and that he had be given four minutes to ask questions.

Rulings (City Council)

Ruling by Councillor Frances Nunziata
Speaker Nunziata ruled that Councillor Di Giorgio can't ask questions of staff about a motion that hasn't been placed.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that a debate on the Licensing and Standards Committee matter from its recent meeting was not in order.

Ruling by Speaker Frances Nunziata
Speaker Nunziata made the following ruling prior to the debate on item CC5.11:

"Members of Council, before we begin this debate, I want to review what is before us, and more importantly, what is not before us.

Today we are considering the report of the City Solicitor on the court decision on a recent application to quash the City's taxi by-law. That report contains some confidential advice that is subject to solicitor-client privilege. All questions, debate and motions must be address the content of this report.

This is not a debate about taxi reform generally.

This is not a debate about the City's position on Uber or related services.

This is not a debate about the future of the taxi industry.

This is not a debate on the matters considered by the Licensing and Standards Committee at its meeting last week.

I will say it again: this is an item about the court decision on a recent application.

I will not hesitate to interrupt Members who stray off topic on this item."

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that Councillor Mammoliti's questions of the Deputy Mayor should be on the Deputy Mayor's motion.

Source: Toronto City Clerk at www.toronto.ca/council