Item - 2023.GG7.14
Tracking Status
- City Council adopted this item on November 8, 2023 without amendments and without debate.
- This item was considered by the General Government Committee on October 30, 2023 and adopted without amendment. It will be considered by City Council on November 8, 2023.
GG7.14 - Claims for Damage to Toronto Water Infrastructure at 45 Bulwer Street and 160 Front Street West
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Wards:
- All
City Council Decision
City Council on November 8 and 9, 2023, adopted the following:
1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 13, 2023) from the City Solicitor.
2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (October 13, 2023) from the City Solicitor.
3. City Council direct that the balance of Confidential Attachment 1 to the report (October 13, 2023) from the City Solicitor, remain confidential as it contains advice about litigation or potential litigation that affects the City of Toronto and contains advice or communications that are subject to solicitor-client and litigation privilege.
The confidential instructions to staff in Confidential Attachment 1 to the report (October 13, 2023) from the City Solicitor were adopted by City Council and are now public as follows:
1. City Council instruct the City Solicitor, in consultation with the General Manager, Toronto Water, to proceed with the legal action commenced by the City relating to the 45 Bulwer Street site as described in this report and as may be amended (the "45 Bulwer action"), and to take such steps as appropriate to advance or settle the 45 Bulwer action, on terms considered reasonable, appeal any decision if warranted, and take proceedings to enforce any award(s), as necessary.
2. City Council instruct the City Solicitor, in consultation with the General Manager, Toronto Water, to proceed with the legal action commenced by the City relating to the 160 Front Street West site as described in this report and as may be amended (the "160 Front action"), and to take such steps as appropriate to advance or settle the 160 Front action, on terms considered reasonable, appeal any decision if warranted, and take proceedings to enforce any award(s), as necessary.
3. City Council authorize the City Solicitor, in consultation with the General Manager, Toronto Water, to take steps necessary to give effect to Parts 1 and 2, including executing minutes of settlement and releases on terms satisfactory to the City Solicitor and General Manager, Toronto Water.
The balance of Confidential Attachment 1 to the report (October 13, 2023) from the City Solicitor remains confidential, in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice about litigation or potential litigation that affects the City of Toronto and contains advice or communications that are subject to solicitor-client and litigation privilege.
Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2023/gg/bgrd/backgroundfile-240004.pdf
Confidential Attachment 1
GG7.14 - Claims for Damage to Toronto Water Infrastructure at 45 Bulwer Street and 160 Front Street West
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege
Committee Recommendations
The General Government Committee recommends that:
1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (October 13, 2023) from the City Solicitor.
2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to the report (October 13, 2023) from the City Solicitor, if adopted by City Council.
3. City Council direct that the balance of Confidential Attachment 1 to this report (October 13, 2023) from the City Solicitor remain confidential as it contains advice about litigation or potential litigation that affects the City of Toronto and contains advice or communications that are subject to solicitor-client and litigation privilege.
Decision Advice and Other Information
The General Government Committee recessed its public session to meet in closed session to consider this item, as it relates to the receiving of advice that is subject to solicitor-client privilege.
Origin
Summary
This report is about two separate legal claims the City has commenced in respect of City-owned sewers that the City claims were damaged by adjacent construction work.
In respect of 45 Bulwer Street, the City is claiming damages against the owners and parties who performed work for a construction project at 45 Bulwer Street.
In respect of 160 Front Street West, the City is claiming damages against the owners, contractors, and consultants for a construction project at 160 Front Street West.
Confidential Attachment 1 contains legal advice from the City Solicitor regarding the litigation.
Background Information
https://www.toronto.ca/legdocs/mmis/2023/gg/bgrd/backgroundfile-240004.pdf
Confidential Attachment 1