Item - 2021.PA25.10

The Board of Directors of Toronto Parking Authority:

1.  Adopted the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2021) from the President, Toronto Parking Authority.

2.  Directed that Confidential Attachment 1 to the report (July 5, 2021) from the President, Toronto Parking Authority remain confidential in its entirety, as it pertains to litigation involving Toronto Parking Authority and contains advice that is subject to solicitor-client privilege.

This report seeks authority from Toronto Parking Authority Board of Directors to amend Purchase Order Number 4500000717 issued to McCarthy Tétrault LLP (McCarthy) for legal services related to Toronto Parking Authority's opposition of trademarks proposed to be registered in Canada by Parkmobile International Holding B.V. (Parkmobile).

The trademarks, which Parkmobile is seeking to register are similar to the signs and symbols used by Toronto Parking Authority, are protected as registered trademarks or as official marks under Section 9 of the Trademark Act. McCarthy commenced an opposition to all five (5) Parkmobile advertised applications on February 22, 2019, September 20, 2019, and June 28, 2021 (as detailed under Confidential Attachment 1).

Toronto Parking Authority is seeking authority to increase the Purchase Order issued to McCarthy by more than 20 percent, which under Toronto Parking Authority Policy Resolution 5-10: Delegation of Authority, requires the authority of Toronto Parking Authority Board of Directors.