Item - 2025.DM35.2

Councillor Paula Fletcher, seconded by Councillor James Pasternak, recommends that:

1. City Council direct the City Solicitor to continue to vigorously oppose these nuisance legal proceedings brought by various plaintiffs wishing to stop new housing and shelter projects.

2. City Council direct the Chief Financial Officer to provide a grant to reimburse Consultants named in these legal proceeding for up to $50,000 for their legal fees and disbursements incurred in defending these nuisance actions which are not covered by their insurance underwriters (the “Reimbursement”), provided that:

a) The allegations in the legal proceeding relate to work performed by the Consultant under their respective contract with the City;

b) The Consultant seeking reimbursement provides proof that they carried an appropriate insurance policy that may have been required as part of their contractual relationship with the City;

c) The Consultant provides evidence that they made all reasonable efforts to have their insurance underwriter cover the costs of defending one or more of these actions, including, but not limited to commencing an application for a determination of coverage;

d) The Consultant submits itemized invoices or other detailed billing documents, and proof of payment to the satisfaction of the Chief Financial Officer; and

e) The Chief Financial Officer, in consultation with the City Solicitor, determines that, based on the itemized invoices or other billing documents, the Consultant’s expenses are reasonable given market rates for legal services.

3. City Council deem the Reimbursement made in accordance with Recommendation 2 to be in the interest of the City.

4. The Chief Financial Officer be directed to report through quarterly variance reports from time to time to update Council on any payments of Reimbursements made to Consultants.