Item - 2024.GG17.11

The City Solicitor, and the General Manager, Parks, Forestry and Recreation recommends that:

1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (October 1, 2024) from the City Solicitor, and the General Manager, Parks, Forestry and Recreation.

2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (October 1, 2024) from the City Solicitor, and the General Manager, Parks, Forestry and Recreation, if adopted by City Council, at the discretion of the City Solicitor. 

3. City Council direct that the remainder of Confidential Attachment 1 to the report (October 1, 2024) from the City Solicitor, and the General Manager, Parks, Forestry and Recreation, is to remain confidential in its entirety, as it relates to litigation involving the City and contains advice which is subject to solicitor-client privilege.

Ethenonnhawahstihnen Community Recreation Centre and Library was constructed between 2018 and 2023 pursuant to a contract entered into by the City of Toronto with Eastern Construction Company ("Eastern") as general contractor.

During and following construction, Eastern and subcontractors retained by it for the purposes of the Project commenced lawsuits against the City relating to alleged damages and extra costs incurred during construction. The total amount claimed by Eastern on behalf of itself and its subcontractors is $13,503,992.43.

The City defended the action and advanced a claim against its hydrogeological consultant, Terraprobe Inc.

Confidential Attachment 1 contains legal advice from the City Solicitor regarding the litigation and seeks instructions.