Item - 2010.EX46.3
Tracking Status
- City Council adopted this item on August 25, 2010 with amendments.
- This item was considered by Executive Committee on August 16, 2010 and was adopted with amendments. It will be considered by City Council on August 25, 2010.
- See also By-law 1080-2010
EX46.3 - Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation Actions
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on August 25, 26 and 27, 2010, adopted the following:
1. City Council instruct the City Solicitor and Counsel to continue the Motion for leave to appeal.
2. City Council enact a by-law in the form of the bill attached to the motion by Mayor David Miller.
3. City Council request the Province of Ontario to enact amendments to provincial legislation as set out in Appendix 1 to the report (August 23, 2010) from the City Solicitor.
4. City Council receive the following reports for information:
a. (August 11, 2010) from the City Solicitor; and
b. (August 23, 2010) from the City Solicitor.
5. City Council direct that the Confidential Attachments to the reports (August 11, 2010 and August 23, 2010) from the City Solicitor remain confidential in their entirety as they contain information related to litigation and solicitor-client privilege.
City Council also issued confidential instructions to staff, such instructions to remain confidential as they relate to litigation and are subject to solicitor-client privilege.
Confidential Attachment 2 to the report (August 11, 2010) from the City Solicitor, Confidential Attachment 1 to the report (August 23, 2010) from the City Solicitor, the confidential instructions issued to staff and the communication (August 25, 2010) from Michael Binetti, Affleck Greene McMurtry LLP, remain confidential in their entirety, in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice or communications that are subject to solicitor-client privilege and concern litigation affecting the City.
City Council Decision Advice and Other Information
City Council recessed its public session and met as Committee of the Whole in closed session on August 25, 2010, and considered confidential information on this Item as it contains advice or communications that are subject to solicitor-client privilege and it concerns litigation affecting the City.
Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33028.pdf
(August 11, 2010) Attachment 1: Divisional Court Decision
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33029.pdf
Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation - Placeholder Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32854.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33334.pdf
Public Appendix 1 headed "Proposed Amendments to the Municipal Elections Act, 1996 (MEA) and to the City of Toronto Act, 2006 (COTA), attached to the report (August 23, 2010) from the City Solicitor
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33335.pdf
Bill, attached to motion by Mayor David Miller
https://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33396.pdf
Communications (City Council)
Motions (City Council)
August 25, 2010 at 8:24 p.m. - Deputy Speaker Lindsay Luby advised that City Council had adopted confidential instructions to legal counsel on item EX46.3 - Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation Actions. Council would now proceed to the public debate on Item EX46.3.
That:
1. City Council receive the following reports for information:
a. (August 11, 2010) from the City Solicitor; and
b. (August 23, 2010) from the City Solicitor.
2. City Council enact a by-law in the form of the bill attached to the motion by Mayor David Miller.
3. City Council direct that the Confidential Attachments to the reports (August 11, 2010 and August 23, 2010) from the City Solicitor remain confidential in their entirety as they contain information related to litigation and solicitor-client privilege.
Vote (Amend Item) Aug-25-2010 8:39 PM
| Result: Carried | Majority Required - EX46.3 - Miller - Motion 1 |
|---|---|
| Total members that voted Yes: 24 | Members that voted Yes are Paul Ainslie, Brian Ashton, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Mike Feldman, John Filion, Paula Fletcher, Adam Giambrone, Mark Grimes, Pam McConnell, Joe Mihevc, David Miller, Howard Moscoe, Case Ootes, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, Adam Vaughan |
| Total members that voted No: 14 | Members that voted No are Mike Del Grande, Rob Ford, Suzan Hall, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby (Chair), Peter Milczyn, Ron Moeser, Frances Nunziata, Cesar Palacio, Karen Stintz, Michael Thompson, Michael Walker |
| Total members that were Absent: 7 | Members that were absent are Maria Augimeri, Sandra Bussin, A.A. Heaps, Doug Holyday, Giorgio Mammoliti, Denzil Minnan-Wong, David Shiner |
That
1. City Council request the Province of Ontario to enact amendments to provincial legislation as set out in Appendix 1 to the report (August 23, 2010) from the City Solicitor.
Vote (Amend Item (Additional)) Aug-25-2010 8:40 PM
| Result: Carried | Majority Required - EX46.3 - Moscoe - Motion 2 |
|---|---|
| Total members that voted Yes: 37 | Members that voted Yes are Paul Ainslie, Brian Ashton, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Mike Feldman, John Filion, Paula Fletcher, Adam Giambrone, Mark Grimes, Suzan Hall, Cliff Jenkins, Norman Kelly, Chin Lee, Gloria Lindsay Luby (Chair), Pam McConnell, Joe Mihevc, Peter Milczyn, David Miller, Ron Moeser, Howard Moscoe, Frances Nunziata, Case Ootes, Cesar Palacio, Joe Pantalone, John Parker, Gord Perks, Anthony Perruzza, Kyle Rae, Bill Saundercook, Karen Stintz, Michael Thompson, Adam Vaughan, Michael Walker |
| Total members that voted No: 1 | Members that voted No are Rob Ford |
| Total members that were Absent: 7 | Members that were absent are Maria Augimeri, Sandra Bussin, A.A. Heaps, Doug Holyday, Giorgio Mammoliti, Denzil Minnan-Wong, David Shiner |
Declared Interests (City Council)
Councillor Sandra Bussin - as she is named in the Item.
Councillor A.A. Heaps - as he is one of the Members of Council who went through a compliance audit.
Councillor Doug Holyday - as he is a party to the Action.
Councillor Giorgio Mammoliti - as he is one of the Members of Council who went through a compliance audit.
EX46.3 - Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation Actions
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege
Committee Recommendations
The Executive Committee submits this matter to City Council without recommendation.
Decision Advice and Other Information
The Executive Committee requested Counsel to submit a Confidential Report directly to City Council on August 25, 2010 on the issues raised in closed session.
The Executive Committee recessed its public session to meet in closed session to consider the item as it relates to the receiving of advice that is subject to solicitor-client privilege.
Origin
Summary
The purpose of this report is to advise the Executive Committee of the Divisional Court decision, dated July 19, 2010, in respect of various resolutions of Council for the payment of legal expenses for compliance audits and defamation actions and to submit a communication from external counsel seeking instructions as to further steps in the matter.
Financial Impact
At the time of this report, financial impacts were unavailable from outside counsel.
Background Information
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33028.pdf
(August 11, 2010) Attachment 1: Divisional Court Decision
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33029.pdf
Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation - Placeholder Report
https://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32854.pdf
Declared Interests
Councillor Giorgio Mammoliti - In that he is named in a lawsuit.