Item - 2011.CC3.8

Tracking Status

  • City Council adopted this item on February 7, 2011 without amendments and without debate.
  • See also By-law 242-2011

CC3.8 - Court of Appeal Decision on Payment of Legal Expenses for Compliance Audits

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

City Council Decision

City Council on February 7 and 8, 2011 adopted the following:

 

1.         City Council adopt the recommendations set out in Confidential Attachment 1 to the report (January 27, 2011) from the City Solicitor.

 

2.         City Council authorize the release of the confidential recommendations upon adoption by Council and that the balance of the confidential attachment 1 to the report (January 27, 2011) from the City Solicitor remains confidential in its entirety due to litigation and solicitor client privilege.

 

The following recommendations contained in Confidential Attachment 1 to the report (January 27, 2011) from the City Solicitor were adopted by City Council and are now public:

 

1.         City Council repeal City By-law No. 1080-2010 being the grant by-law adopted by Council on August 26, 2010.

 

2.         City Council adopt the recommendation of external counsel contained in Attachment 2 to seek recovery of $74,402.00 from Giorgio Mammoliti and $64,757.70 from Adrian Heaps providing a reasonable indulgence of two years for them to comply.

 

The balance of Confidential Attachment 1 to the report (January 27, 2011) remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to litigation or potential litigation that affects the City or one of its agencies, boards and commissions, and it contains advice and communications that are subject to solicitor-client privilege.

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice or communications that are subject to solicitor-client privilege

Background Information (City Council)

(January 27, 2011) Report from the City Solicitor on Court of Appeal Decision on Payment of Legal Expenses for Compliance Audits (CC3.8)
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-35603.pdf
(January 27, 2011) Confidential Attachment 1 to the report from the City Solicitor
(January 27, 2011) Confidential Attachment 2 to the report from the City Solicitor
(December 24, 2010) Attachment 3 - Court of Appeal Decision

Declared Interests (City Council)

The following member(s) declared an interest:

Deputy Mayor Doug Holyday - as he is involved with court proceedings on the matter.
Councillor Giorgio Mammoliti - as he is involved with court proceedings on the matter.
Source: Toronto City Clerk at www.toronto.ca/council