Item - 2016.LS9.4

Tracking Status

  • City Council adopted this item on February 3, 2016 with amendments.
  • This item was considered by Licensing and Standards Committee on January 22, 2016 and was adopted with amendments. It will be considered by City Council on February 3, 2016.

LS9.4 - Calgary Injunction Decision regarding Unlicensed Ground Transportation Providers

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on February 3 and 4, 2016, adopted the following:

 

1.  City Council direct the City Solicitor and the Executive Director, Municipal Licensing and Standards, to return to the Ontario Superior Court of Justice, under the appropriate circumstances, to seek an injunction against Uber and individual UberX drivers, based on the updated regulations to Toronto Municipal Code Chapter 545 approved by City Council at its meeting on September 30, October 1 and 2, 2015.

 

2.  City Council direct that Confidential Attachment 1 to the report (January 8, 2016) from the City Solicitor remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.

 

3.  City Council direct that Confidential Attachment 1 to the report (February 2, 2016) from the City Solicitor remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.

 

Confidential Attachment 1 to the report (January 8, 2016) from the City Solicitor remains confidential in its entirety indefinitely in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

 

Confidential Attachment 1 to the report (February 2, 2016) from the City Solicitor remains confidential in its entirety indefinitely in accordance with the provisions of the City of Toronto Act, 2006, as it contains 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 February 3, 2016, to consider confidential information on this Item as it pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

 

The City Solicitor addressed the Members in public session and provided an overview of this matter.

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)

(January 8, 2016) Report from the City Solicitor on Calgary Injunction Decision regarding Unlicensed Ground Transportation Providers
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-87346.pdf
(January 8, 2016) Confidential Attachment 1

Background Information (City Council)

(February 2, 2016) Supplementary report from the City Solicitor on Motion Regarding Commencement of UberX Injunction (LS9.4a)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-90016.pdf
Confidential Attachment 1

Communications (Committee)

(January 19, 2016) E-mail from Peter Zahakos, Associated Toronto Taxi-Cab Co-operative Limited (LS.New.LS9.4.1)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-58496.pdf
(January 20, 2016) E-mail from Harvey Spiegel, Q.C., forwarding a document titled "The Implications of the Calgary Injunction Decision and the Legal Issues involved in an application by the City to enforce the provisions of the Toronto Municipal Code Chapter 545" (LS.New.LS9.4.2)
(January 21, 2016) E-mail from Councillor Jim Karygiannis forwarding an article from the Canadian Press (LS.New.LS9.4.3)
(December 22, 2015) Letter from Michael I. Binetti, Affleck Greene McMurtry LLP (LS.New.LS9.4.4)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-58552.pdf
(January 22, 2016) Submission from Peter Mandronis (LS.New.LS9.4.5)
(January 22, 2016) Submission from Hayley Steinhart (LS.New.LS9.4.6)

Communications (City Council)

(December 22, 2015) Letter from Michael Binetti, Affleck Greene McMurty LLP, Barristers and Solicitors (CC.Main.LS9.4.7)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-58579.pdf
(February 1, 2016) Letter from The Honourable Harvey Spiegel Q.C., Legal Counsel, Toronto Taxi Alliance (CC.Supp.LS9.4.8)
(February 2, 2016) Letter from Michael Binetti, Affleck Greene McMurtry LLP, Barristers and Solicitors (CC.Supp.LS9.4.9)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-58750.pdf
(February 2, 2016) Letter from Murray Teitel, Barrister (CC.New.LS9.4.10)
(February 3, 2016) E-mail from Harvey Spiegel Q.C. submitted by Councillor Jim Karygiannis, Ward 39 Scarborough-Agincourt (CC.New.LS9.4.11)
(February 3, 2016) E-mail from from Peter Rosenthal, Barrister, submitted by Councillor Jim Karygiannis, Ward 39 Scarborough-Agincourt (CC.New.LS9.4.12)

Motions (City Council)

Report of Committee of the Whole

February 3, 2016 at 11:55 a.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item LS9.4 headed "Calgary Injunction Decision regarding Ground Transportation Providers".  No motions were made during closed session. Council would now proceed to the public debate on the item.


1a - Motion to Amend Item moved by Mayor John Tory (Carried)

That City Council amend Licensing and Standards Committee Recommendation 1 by adding the words "under the appropriate circumstances" so that the recommendation now reads:

 

1. City Council direct the City Solicitor and the Executive Director, Municipal Licensing and Standards, to return to the Ontario Superior Court of Justice, under the appropriate circumstances, to seek an injunction against Uber and individual UberX drivers, based on the updated regulations to Toronto Municipal Code Chapter 545 approved by City Council at its meeting on September 30, October 1 and 2, 2015.

Vote (Amend Item) Feb-03-2016 3:19 PM

Result: Carried Majority Required - LS9.4 - Mayor Tory - motion 1a
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Frank Di Giorgio, Mark Grimes, Anthony Perruzza
Total members that were Absent: 3 Members that were absent are Michelle Berardinetti, Rob Ford, Giorgio Mammoliti

1b - Motion to Amend Item (Additional) moved by Mayor John Tory (Carried)

That City Council adopt the following recommendation contained in the supplementary report (February 2, 2016) from the City Solicitor [LS9.4a]:

 

1.  Council direct that the information in the confidential attachment remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.

Vote (Amend Item (Additional)) Feb-03-2016 3:20 PM

Result: Carried Majority Required - LS9.4 - Mayor Tory - motion 1b
Total members that voted Yes: 41 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Mark Grimes
Total members that were Absent: 3 Members that were absent are Michelle Berardinetti, Rob Ford, Giorgio Mammoliti

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Feb-03-2016 3:20 PM

Result: Carried Majority Required - LS9.4 - Adopt the item as amended
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Frank Di Giorgio, John Filion, Mark Grimes, Josh Matlow, Anthony Perruzza
Total members that were Absent: 3 Members that were absent are Michelle Berardinetti, Rob Ford, Giorgio Mammoliti

Point of Privilege by Councillor Josh Matlow

Councillor Matlow, rising on a Point of Privilege, stated that he wished to correct Councillor Shiner's statement about smartphone apps.  Councillor Matlow advised that Beck Taxi does has a smartphone app similar to the one Councillor Shiner was describing during his remarks.

 

February 3, 2016 at 2:51 p.m. - Speaker Nunziata recessed the meeting due to a disruption in the Chamber.


Point of Privilege by Councillor David Shiner

Councillor Shiner, rising on a Point of Privilege, stated that he did understand that taxi companies have smartphone apps but his point was that there were numerous apps and not just one.  Councillor Shiner further stated that it is disrespectful for anyone to be disruptive during Council proceedings.


Point of Order by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Order, stated that, in order to prevent the wrong perception, all taxi companies have smartphone apps and that Uber charges 25 percent.

Ruling by Speaker Frances Nunziata
Speaker Nunziata did not accept Councillor Karygiannis's Point of Order.

LS9.4 - Calgary Injunction Decision regarding Unlicensed Ground Transportation Providers

Decision Type:
ACTION
Status:
Amended
Wards:
All

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board

Committee Recommendations

The Licensing and Standards Committee recommends that:

 

1.  City Council direct the City Solicitor and the Executive Director, Municipal Licensing and Standards, to return to the Ontario Superior Court of Justice to seek an injunction against Uber and individual UberX drivers, based on the updated regulations to Toronto Municipal Code Chapter 545 approved by City Council at its meeting on September 30, October 1 and 2, 2015.

 

2. City Council direct that the confidential attachment to the report (January 8, 2016) from the City Solicitor remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.

Decision Advice and Other Information

This item was considered with Items LS9.5, LS9.6, LS9.7 and LS9.9.

Origin

(January 8, 2016) Report from the City Solicitor

Summary

This report summarizes information regarding the decision of the Court of Queen's Bench of Alberta which granted an interim injunction to the City of Calgary prohibiting individuals from offering services through the UberX platform without a municipal taxicab or limousine licence.  The confidential portion of this report (Attachment 1) provides information and legal advice regarding this decision.

Background Information

(January 8, 2016) Report from the City Solicitor on Calgary Injunction Decision regarding Unlicensed Ground Transportation Providers
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-87346.pdf
(January 8, 2016) Confidential Attachment 1

Communications

(January 19, 2016) E-mail from Peter Zahakos, Associated Toronto Taxi-Cab Co-operative Limited (LS.New.LS9.4.1)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-58496.pdf
(January 20, 2016) E-mail from Harvey Spiegel, Q.C., forwarding a document titled "The Implications of the Calgary Injunction Decision and the Legal Issues involved in an application by the City to enforce the provisions of the Toronto Municipal Code Chapter 545" (LS.New.LS9.4.2)
(January 21, 2016) E-mail from Councillor Jim Karygiannis forwarding an article from the Canadian Press (LS.New.LS9.4.3)
(December 22, 2015) Letter from Michael I. Binetti, Affleck Greene McMurtry LLP (LS.New.LS9.4.4)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-58552.pdf
(January 22, 2016) Submission from Peter Mandronis (LS.New.LS9.4.5)
(January 22, 2016) Submission from Hayley Steinhart (LS.New.LS9.4.6)

Speakers

Peter Rosenthal, Legal Counsel, iTaxi Workers Association
Sajid Mughal, iTaxiworkers Association
Peter Mandronis, Peter's Taxi (Submission Filed)
Harvey Spiegel
Hayley Steinhart (Submission Filed)
Kathy Platanitis
Sam Moini
Councillor Janet Davis

Motions

1 - Motion to Amend Item moved by Councillor Jim Karygiannis (Carried)

That the Recommendation 1 of the staff report be deleted and replaced with the following:

 

"City Council direct the City Solicitor and the Executive Director, Municipal Licensing and Standards, to return to Superior Court of Justice to seek an injunction against Uber and individual UberX drivers, based on the updated regulations to Toronto Municipal Code Chapter 545 approved by City Council at its meeting on September 30, October 1 and 2, 2015."

Vote (Amend Item) Jan-22-2016

Result: Carried Majority Required
Total members that voted Yes: 4 Members that voted Yes are Glenn De Baeremaeker, Jim Karygiannis, Giorgio Mammoliti, Cesar Palacio (Chair)
Total members that voted No: 1 Members that voted No are Josh Matlow
Total members that were Absent: 1 Members that were absent are Frank Di Giorgio

2 - Motion to Adopt Item as Amended moved by Councillor Jim Karygiannis (Carried)
Source: Toronto City Clerk at www.toronto.ca/council