Item - 2026.GG30.17

Tracking Status

  • City Council adopted this item on June 24 and 25, 2026 without amendments and without debate.
  • This item was considered by the General Government Committee on June 2, 2026 and adopted without amendment. It will be considered by City Council on June 24 and 25, 2026.

GG30.17 - Litigation Arising from the Replacement of the Watermain at the Kipling Avenue Bridge over the Humber River

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on June 24 and 25, 2026, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 19, 2026) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 19, 2026) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services, at the discretion of the City Solicitor, but that the remainder of Confidential Attachment 1 to the report (May 19, 2026) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services, remain confidential as it contains advice which is subject to solicitor-client and litigation privilege.

 

Confidential Attachment 1 to the report (May 19, 2026) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (May 19, 2026) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services will be made public at the discretion of the City Solicitor.

Confidential Attachment - This report is about litigation that affects the City of Toronto. The attachment to this report contains advice or communications that are subject to solicitor-client privilege and litigation privilege.

Background Information (Committee)

(May 19, 2026) Report from the City Solicitor, and the Chief Engineer and Executive Director, Engineering and Construction Services, on Litigation Arising from the Replacement of the Watermain at the Kipling Avenue Bridge over the Humber River
https://www.toronto.ca/legdocs/mmis/2026/gg/bgrd/backgroundfile-287099.pdf
Confidential Attachment 1

GG30.17 - Litigation Arising from the Replacement of the Watermain at the Kipling Avenue Bridge over the Humber River

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Confidential Attachment - This report is about litigation that affects the City of Toronto. The attachment to this report contains advice or communications that are subject to solicitor-client privilege and litigation privilege.

Committee Recommendations

The General Government Committee recommends that:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 19, 2026) from the City Solicitor, and the Chief Engineer and Executive Director, Engineering and Construction Services.

 

2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to the report (May 19, 2026) from the City Solicitor, and the Chief Engineer and Executive Director, Engineering and Construction Services, at the discretion of the City Solicitor, but that the remainder of Confidential Attachment 1 to the report (May 19, 2026) from the City Solicitor, and the Chief Engineer and Executive Director, Engineering and Construction Services, remain confidential as it contains advice which is subject to solicitor-client and litigation privilege.

Origin

(May 19, 2026) Report from the City Solicitor, and the Chief Engineer and Executive Director, Engineering and Construction Services

Summary

The City hired Parsons Inc. ("Parsons") to prepare a design and provide construction administration support services for the installation of a new 400 mm watermain and associated support structure spanning the Humber River at the Kipling Avenue Bridge (the "Project").

 

The City alleges that the Design prepared by Parsons and / or the Construction Administration Support Services provided by Parsons for the project included errors (the "Errors") resulting in the inability to complete construction of the remaining components of the Project as designed. The alleged errors were discovered during construction of the Project by a contractor retained by the City for this purpose, interrupting the work. The Project was later finished at a greater cost to the City based on a re-design completed by Parsons.

 

Therefore, the City commenced a legal action against Parsons to recover the costs it alleges were due to the Errors. The City claims that Parsons' performance specific to this Project fell below the required standard and / or breached its contract with the City.

 

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

Background Information

(May 19, 2026) Report from the City Solicitor, and the Chief Engineer and Executive Director, Engineering and Construction Services, on Litigation Arising from the Replacement of the Watermain at the Kipling Avenue Bridge over the Humber River
https://www.toronto.ca/legdocs/mmis/2026/gg/bgrd/backgroundfile-287099.pdf
Confidential Attachment 1

Motions

Motion to Adopt Item moved by Councillor Stephen Holyday (Carried)
Source: Toronto City Clerk at www.toronto.ca/council