Item - 2023.CC13.7

Tracking Status

CC13.7 - Uber Litigation Regarding Limit on Number of Private Transportation Company Driver Licences

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on December 13, 14 and 15, 2023, adopted the following:

 

1. City Council rescind part 20 adopted as part of Item EC6.6 at its meeting of October 11 and 12, 2023, which adopted a policy to maintain the net total of vehicle-for-hire and private transportation company driver's licences at a number no greater than the number as of October 12, 2023, with the exception of owned but not leased zero-emission vehicles, and direct the Executive director, Municipal Licensing and Standards, to resume issuing vehicle-for-hire and private transportation company driver licences under the previous system and direct the City Manager to report to a meeting of the Executive Committee, that reports to the March 20, 2024 meeting of City Council, so the public may participate and Council may consider his advice and any public or stakeholder input, on options to limit the number of vehicle-for-hire and private transportation company driver licences, including advice on whether it is appropriate to exempt zero emission vehicles and taking into consideration congestion, climate targets, public transit, and transportation planning, and measures the City may take if Council imposes a cap at a number less than the number of existing licences at the time Council decides.

 

2. City Council direct that Confidential Attachment 1 to the supplementary report (December 6, 2023) from the City Solicitor remain confidential in its entirety as it contains advice that is subject to solicitor-client and litigation privilege.

 

Confidential Attachment 1 to the supplementary report (December 6, 2023) from the City Solicitor remains confidential 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 - Litigation or potential litigation that affects the City or one of its agencies or corporations and contains advice or communications that are subject to solicitor-client privilege.

Background Information (City Council)

(December 6, 2023) Report from the City Solicitor on Uber Litigation Regarding Limit on Number of Private Transportation Company Driver Licences (CC13.7)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-241437.pdf
(December 6, 2023) Supplementary report from the City Solicitor on Uber Litigation Regarding Limit on Number of Private Transportation Company Driver Licences (CC13.7a)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-241564.pdf
Confidential Attachment 1 - Confidential Information

Motions (City Council)

1 - Motion to Amend Item moved by Mayor Olivia Chow (Carried)

That:

 

1. City Council rescind part 20 adopted as part of Item EC6.6 at its meeting of October 11 and 12, 2023, which adopted a policy to maintain the net total of vehicle-for-hire and private transportation company driver's licences at a number no greater than the number as of October 12, 2023, with the exception of owned but not leased zero-emission vehicles, and direct the Executive director, Municipal Licensing and Standards, to resume issuing vehicle-for-hire and private transportation company driver licences under the previous system and direct the City Manager to report to a meeting of the Executive Committee, that reports to the March 20, 2024 meeting of City Council, so the public may participate and Council may consider his advice and any public or stakeholder input, on options to limit the number of vehicle-for-hire and private transportation company driver licences, including advice on whether it is appropriate to exempt zero emission vehicles and taking into consideration congestion, climate targets, public transit, and transportation planning, and measures the City may take if Council imposes a cap at a number less than the number of existing licences at the time Council decides.

Vote (Amend Item) Dec-14-2023 4:48 PM

Result: Carried Majority Required - CC13.7 - Chow - motion 1
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Parthi Kandavel, Ausma Malik, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Dianne Saxe, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 3 Members that were absent are Shelley Carroll, Nick Mantas (Interest Declared), Anthony Perruzza

2 - Motion to Amend Item moved by Councillor Alejandra Bravo (Carried)

That City Council direct that Confidential Attachment 1 remain confidential in its entirety as it contains advice that is subject to solicitor-client and litigation privilege.

Vote (Amend Item) Dec-14-2023 4:50 PM

Result: Carried Majority Required - CC13.7 - Bravo - motion 2
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Parthi Kandavel, Ausma Malik, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Dianne Saxe, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 3 Members that were absent are Shelley Carroll, Nick Mantas (Interest Declared), Anthony Perruzza

3 - Motion to Amend Motion moved by Councillor Brad Bradford (Lost)

That City Council amend Motion 1 by Mayor Olivia Chow so it now reads as follows:

 

1. City Council rescind part 20 adopted as part of Item EC6.6 at its meeting of October 11 and 12, 2023, which adopted a policy to maintain the net total of vehicle-for-hire and private transportation company driver's licences at a number no greater than the number as of October 12, 2023, with the exception of owned but not leased zero-emission vehicles, and direct the Executive director, Municipal Licensing and Standards, to resume issuing vehicle-for-hire and private transportation company driver licences under the previous system and direct the City Manager to report to a meeting of the Executive Committee, that reports to the March 20, 2024 meeting of City Council include in the planned fourth quarter 2024 report back on the vehicle-for-hire industry, so the public may participate and Council may consider his advice and any public or stakeholder input, on options to limit the number of vehicle-for-hire and private transportation company driver licences, including advice on whether it is appropriate to exempt zero emission vehicles and taking into consideration congestion, climate targets, public transit, and transportation planning, and measures the City may take if Council imposes a cap at a number less than the number of existing licences at the time Council decides.

Vote (Amend Motion) Dec-14-2023 4:43 PM

Result: Lost Majority Required - CC13.7 - Bradford - motion 3
Total members that voted Yes: 3 Members that voted Yes are Brad Bradford, Stephen Holyday, Jennifer McKelvie
Total members that voted No: 21 Members that voted No are Paul Ainslie, Alejandra Bravo, Jon Burnside, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Paula Fletcher, Parthi Kandavel, Ausma Malik, Josh Matlow, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson
Total members that were Absent: 2 Members that were absent are Shelley Carroll, Nick Mantas (Interest Declared)

Point of Privilege by Councillor Michael Thompson

Councillor Thompson, rising on a Point of Privilege stated when he woke up this morning, he heard all over the news about the confidential information that is contained in a report provided by the City Solicitor to Members of Council and the administration as a whole. Councillor Thompson stated that his understanding was that there are procedural aspects and requirement for matters that are confidential and to be kept confidential and that, however, it appears that this matter has been leaked.

 

Councillor Thompson further stated that he wished to understand what methods the Speaker and the administration — Legal and others — will take to deal with this particular matter, because if he is correct and the information has been leaked, Members of Council have not had the opportunity to sit and discuss the issue, and to release whatever information Members think is appropriate. Councillor Thompson stated that this does prejudice Members of Council, particularly the Mayor and her leadership.

 

Councillor Thompson stated that he thinks this is an injustice to City Council, and as a Member of Council, he is offended by the fact that this information has been leaked to the media and it was out for public dissemination without Members of Council being able to discuss this issue.

 

Councillor Thompson stated that he wanted to understand what are the options available to Council, and whether or not there is a need for an investigation to see where and how this matter has been leaked.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and reserved her ruling.

After considering the matter, Speaker Nunziata made the following ruling:

Members, earlier in the meeting Councillor Thompson rose on a Point of Privilege regarding the apparent leak of confidential agenda materials related to the Uber litigation. This is a very serious matter. I address this to every Member and every staff member who has access to confidential agenda materials.

This Council conducts most of its business in public, far more than any other municipalities. We make almost all of our agenda materials public in a timely manner so that the public can follow what we are doing. We consider confidential documents only rarely and only when permitted to do so by law. This includes legal advice from our solicitor. Only Council, as a body, can waive solicitor-client privilege. No individual Member of Council or staff can make that decision for us. We cannot do our jobs if we cannot trust each other.

In conclusion, I'm ruling that the privilege of this Council has indeed been damaged by the disclosure of the information. In the past, Council has on occasion referred these breaches to the Integrity Commissioner for investigation under the Member’s Code of Conduct. Unfortunately, the results of these investigations are usually inconclusive.

I'd also like to encourage Members of Council to please read the Code of Conduct, read the Councillors’ Manual. It is so important that you read it so that you understand what you can or can't do because this is a very serious matter. Thank you.


Point of Order by Councillor Stephen Holyday

Councillor Holyday, rising on a Point of Order, stated that Mayor Chow's motion looks to have two propositions in it, and he would like the Speaker to rule if they may be voted on separately and, if they can be, Councillor Holyday would like to vote on them separately and record the votes.

Ruling by Speaker Frances Nunziata (Upheld)
Speaker Nunziata accepted the Point of Order and ruled that the City Solicitor has advised that Council can't separate the vote.

Challenged by Councillor Stephen Holyday


Point of Privilege by Councillor Anthony Perruzza

Councillor Perruzza, rising on a Point of Privilege, stated that his voting tablet didn't give him an opportunity to vote and that he would like to vote in favour.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege from Councillor Perruzza and ruled that the problem is that Council could not see him so how could he vote if his camera was not on.


Point of Privilege by Councillor Anthony Perruzza

Councillor Perruzza, rising on a Point of Privilege, stated that this is an old song the Speaker is singing, and he would wish that the Speaker would stop it. Councillor Perruzza further stated that he went to vote but his tablet did not work, and that he wanted his vote to be recorded in the affirmative. 

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that she made it very clear in her memo that if a Member’s video's not on then the Member can't vote.


Point of Privilege by Councillor Anthony Perruzza

Councillor Perruzza, rising on a Point of Privilege, stated that that he has a voting tablet which he has been pushing all day and his votes have been coming through, but on this one it didn’t record and to just please record his vote and to stop the editorial.


Point of Privilege by Councillor Paul Ainslie

Councillor Ainslie, rising on a Point of Privilege, stated that he thinks everyone in the Chamber understands the rules that to vote Councillors must have their screens on if they’re virtual, and that Councillor Perruzza just insulted the Speaker twice in those comments and Councillor Ainslie stated asked that he would ask Councillor Perruzza to withdraw them.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and gave the floor to Councillor Perruzza.


Point of Privilege by Councillor Anthony Perruzza

Councillor Perruzza, rising on a Point of Privilege, stated that there is nothing for him to withdraw, and that the Speaker keeps berating him. Councillor Perruzza stated that he told the Speaker that his tablet didn't work and that he tried to vote, and that he just wants his vote to be recorded and that the Speaker just goes on and starts editorializing about her memos.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that the issue wasn't just with Councillor Perruzza’s vote, it was the fact that he didn't have his camera on.


Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Order, stated that if a Member has been asked to come to order by the Chair and refuses there is a process and that he would ask the Speaker to consider that process.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order from Councillor Perks and issued a warning to Councillor Perruzza that he could apologize or be removed from the meeting.

Speaker Nunziata asked Councillor Perruzza if he would like to apologize three times. The Speaker removed Councillor Perruzza from meeting.

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Nick Mantas - as his family owns a taxi plate.
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=11759
Source: Toronto City Clerk at www.toronto.ca/council