Item - 2012.CC16.7

City Council on February 6 and 7, 2012, adopted the following:

1.         City Council adopt the confidential instructions to staff in Attachment 1 to the report (January 30, 2012) from the City Solicitor.

2.         City Council authorize the continued retention of Fraser Milner Casgrain until all documentation and final matters for the settlement described in Attachment 1 to the report (January 30, 2012) from the City Solicitor have been concluded.

3.         Subject to the approval of Part 2 above, City Council authorize a further budget amount of $10,000 for any additional legal fees or expenses related to final settlement of the Tax Court appeal.

4.         Council direct that the confidential information and recommendations in Confidential Attachments 1 and 2 to the report (January 30, 2012) from the City Solicitor not be released publicly as they concern litigation matters and contain advice which is subject to solicitor-client privilege, provided that the final Minutes of Settlement in Attachment 2 may be released publicly once executed.

Confidential Attachments 1 and 2 remain confidential in their entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as they relate to litigation or potential litigation the affects the City or one of its agencies, boards and commissions and advice or communications that are subject to Solicitor-client privilege.  The final Minutes of Settlement in Attachment 2 will be released publicly once executed.