Item - 2019.CC2.2
Tracking Status
- City Council adopted this item on January 30 and 31, 2019 with amendments.
CC2.2 - Legal Challenge to Bill 5, the Better Local Government Act
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on January 30 and 31, 2019, adopted the following:
1. City Council instruct the City Solicitor to:
a. oppose the Province's appeal at the Court of Appeal;
b. pursue a leave to appeal application to the Supreme Court of Canada in the event the Province is successful on its appeal at the Court of Appeal; and
c. take any further steps necessary and consistent with these instructions in consultation with the City Manager.
2. City Council direct that Confidential Attachment 1 to the report (January 22, 2019) from the City Solicitor remain confidential in its entirety as it pertains to litigation against the City and it contains advice that is subject to solicitor-client privilege and settlement privilege.
3. City Council direct that Confidential Attachment 2 to the report (January 22, 2019) from the City Solicitor remain confidential in its entirety as it pertains to litigation against the City and it contains advice that is subject to solicitor-client privilege and settlement privilege.
Confidential Attachment 1 to the report (January 22, 2019) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City of Toronto and it contains advice that is subject to solicitor-client privilege and settlement privilege.
Confidential Attachment 2 to the report (January 22, 2019) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City of Toronto and it contains advice that is subject to solicitor-client privilege and settlement 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 January 31, 2019 to consider confidential information on this Item as it relates to litigation or potential litigation that affects the City of Toronto and advice or communications that are subject to solicitor-client privilege.
Confidential Attachment - Litigation or potential litigation that affects the City of Toronto and advice or communications that are subject to solicitor-client privilege.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-123897.pdf
Confidential Attachment 1
Confidential Attachment 2
Communications (City Council)
Motions (City Council)
January 31, 2019 at 4:37 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item CC2.2 headed "Legal Challenge to Bill 5, the Better Local Government Act". No motions were placed in the closed session. City Council would now proceed with the public debate on the Item.
That City Council instruct the City Solicitor:
a. to oppose the Province's appeal at the Court of Appeal;
b. to pursue a leave to appeal application to the Supreme Court of Canada in the event the Province is successful on its appeal at the Court of Appeal; and
c. to take any further steps necessary and consistent with these instructions in consultation with the City Manager.
Vote (Amend Item) Jan-31-2019 4:37 PM
| Result: Carried | Majority Required - CC2.2 Matlow motion 1 |
|---|---|
| Total members that voted Yes: 15 | Members that voted Yes are Paul Ainslie, Brad Bradford, Shelley Carroll, Mike Colle, Joe Cressy, John Filion, Paula Fletcher, Mike Layton, Josh Matlow, Jennifer McKelvie, James Pasternak, Gord Perks, Jaye Robinson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 9 | Members that voted No are Gary Crawford, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Frances Nunziata (Chair), Anthony Perruzza, Michael Thompson |
| Total members that were Absent: 2 | Members that were absent are Ana Bailão, Denzil Minnan-Wong |
That City Council instruct the City Solicitor:
a. to accept the Province's offer to settle the appeal and agree to a dismissal of the City's application on the terms set out in the offer attached subject to negotiating that this is on a no costs basis.
Councillor Grimes, rising on a Point of Order, stated that he wished to understand what would happen if Council did not adopt Councillor Matlow's motion 1.