Item - 2011.CC5.2
Tracking Status
- City Council adopted this item on March 8, 2011 without amendments.
CC5.2 - Ontario Superior Court of Justice Decision On the Application Regarding Council Member “Read Only” Access to the Integrated Business Management System (IBMS)
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
City Council Decision
City Council on March 8 and 9, 2011, adopted the following:
1. City Council adopt the recommendations set out in the Confidential Attachment 1 to the report (March 1, 2011) from the City Solicitor.
2. City Council authorize the release of the confidential recommendations upon adoption by Council and direct that the balance of the confidential attachment remains confidential in its entirety due to litigation and solicitor client privilege.
The following recommendations contained in Confidential Attachment 1 to the report (March 1, 2011) from the City Solicitor were adopted by City Council and are now public:
1. Authority be granted to the City Solicitor to discontinue the appeal of the January 14, 2011, decision of the Ontario Superior Court of Justice, and to execute any documents in furtherance thereof, and that City Staff take no further action with respect to the decision of City Council at its meeting of October 29 and 30, 2008, respecting Item No. GM 16.1, entitled "Opinion Regarding Council Member 'Read Only' Access to the Integrated Business Management System (IBMS)".
2. City Staff be instructed to continue to provide information (e.g. memos, reports, in-person updates) to Members of Council and their staff in accordance with legislative requirements including the City of Toronto Act, 2006, and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).
3. The City Manager and the Deputy City Manager and Chief Financial Officer identify IT Capital projects that provide greater information to Members of Council and the public for prioritization in the 2012 budget process.
The balance of Confidential Attachment 1 to the report (March 1, 2011) from the City Solicitor remains confidential, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and it contains advice and communications that are subject to solicitor-client privilege.
City Council Decision Advice and Other Information
City Council recessed its public session and met as Committee of the Whole in closed session on March 8, 2011, and considered confidential information on this Item as it deals with 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.
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)
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-36237.pdf
Justice J. Corrick's January 14, 2011 Decision
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-36238.pdf
Confidential Attachment 1 to report (March 1, 2011) from the City Solicitor
Motions (City Council)
Speaker Nunziata advised that City Council had completed its closed meeting consideration of this item and that City Council had debated, but did not consider any motions on this Item.
Vote (Adopt Item) Mar-08-2011 7:01 PM
| Result: Carried | Majority Required - CC5.2 - adopt the item |
|---|---|
| Total members that voted Yes: 36 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailăo, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 2 | Members that voted No are Frank Di Giorgio, Anthony Perruzza |
| Total members that were Absent: 7 | Members that were absent are Paula Fletcher, Pam McConnell, Denzil Minnan-Wong, Ron Moeser, James Pasternak, Jaye Robinson, Karen Stintz |
Speaker Nunziata proposed that Councillor Vaughan's speaking time be extended so that he could complete his remarks.
Vote (Extend Speaking Time) Mar-08-2011 6:58 PM
| Result: Carried | Majority Required - CC5.2 - Extend Councillor Vaughan's speaking time |
|---|---|
| Total members that voted Yes: 36 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailăo, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 2 | Members that voted No are Michelle Berardinetti, Mark Grimes |
| Total members that were Absent: 7 | Members that were absent are Janet Davis, Paula Fletcher, Pam McConnell, Denzil Minnan-Wong, Ron Moeser, Jaye Robinson, Karen Stintz |