Item - 2016.LS9.4
Tracking Status
- City Council adopted this item on February 3, 2016 with amendments.
- This item was considered by Licensing and Standards Committee on January 22, 2016 and was adopted with amendments. It will be considered by City Council on February 3, 2016.
LS9.4 - Calgary Injunction Decision regarding Unlicensed Ground Transportation Providers
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on February 3 and 4, 2016, adopted the following:
1. City Council direct the City Solicitor and the Executive Director, Municipal Licensing and Standards, to return to the Ontario Superior Court of Justice, under the appropriate circumstances, to seek an injunction against Uber and individual UberX drivers, based on the updated regulations to Toronto Municipal Code Chapter 545 approved by City Council at its meeting on September 30, October 1 and 2, 2015.
2. City Council direct that Confidential Attachment 1 to the report (January 8, 2016) from the City Solicitor remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.
3. City Council direct that Confidential Attachment 1 to the report (February 2, 2016) from the City Solicitor remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.
Confidential Attachment 1 to the report (January 8, 2016) from the City Solicitor remains confidential in its entirety indefinitely in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Confidential Attachment 1 to the report (February 2, 2016) from the City Solicitor remains confidential in its entirety indefinitely in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is 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 February 3, 2016, to consider confidential information on this Item as it pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.
The City Solicitor addressed the Members in public session and provided an overview of this matter.
Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, and the receiving of advice that is subject to solicitor-client privilege
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-87346.pdf
(January 8, 2016) Confidential Attachment 1
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-90016.pdf
Confidential Attachment 1
Communications (Committee)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-58496.pdf
(January 20, 2016) E-mail from Harvey Spiegel, Q.C., forwarding a document titled "The Implications of the Calgary Injunction Decision and the Legal Issues involved in an application by the City to enforce the provisions of the Toronto Municipal Code Chapter 545" (LS.New.LS9.4.2)
(January 21, 2016) E-mail from Councillor Jim Karygiannis forwarding an article from the Canadian Press (LS.New.LS9.4.3)
(December 22, 2015) Letter from Michael I. Binetti, Affleck Greene McMurtry LLP (LS.New.LS9.4.4)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-58552.pdf
(January 22, 2016) Submission from Peter Mandronis (LS.New.LS9.4.5)
(January 22, 2016) Submission from Hayley Steinhart (LS.New.LS9.4.6)
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-58579.pdf
(February 1, 2016) Letter from The Honourable Harvey Spiegel Q.C., Legal Counsel, Toronto Taxi Alliance (CC.Supp.LS9.4.8)
(February 2, 2016) Letter from Michael Binetti, Affleck Greene McMurtry LLP, Barristers and Solicitors (CC.Supp.LS9.4.9)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-58750.pdf
(February 2, 2016) Letter from Murray Teitel, Barrister (CC.New.LS9.4.10)
(February 3, 2016) E-mail from Harvey Spiegel Q.C. submitted by Councillor Jim Karygiannis, Ward 39 Scarborough-Agincourt (CC.New.LS9.4.11)
(February 3, 2016) E-mail from from Peter Rosenthal, Barrister, submitted by Councillor Jim Karygiannis, Ward 39 Scarborough-Agincourt (CC.New.LS9.4.12)
Motions (City Council)
February 3, 2016 at 11:55 a.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item LS9.4 headed "Calgary Injunction Decision regarding Ground Transportation Providers". No motions were made during closed session. Council would now proceed to the public debate on the item.
That City Council amend Licensing and Standards Committee Recommendation 1 by adding the words "under the appropriate circumstances" so that the recommendation now reads:
1. City Council direct the City Solicitor and the Executive Director, Municipal Licensing and Standards, to return to the Ontario Superior Court of Justice, under the appropriate circumstances, to seek an injunction against Uber and individual UberX drivers, based on the updated regulations to Toronto Municipal Code Chapter 545 approved by City Council at its meeting on September 30, October 1 and 2, 2015.
Vote (Amend Item) Feb-03-2016 3:19 PM
| Result: Carried | Majority Required - LS9.4 - Mayor Tory - motion 1a |
|---|---|
| Total members that voted Yes: 39 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 3 | Members that voted No are Frank Di Giorgio, Mark Grimes, Anthony Perruzza |
| Total members that were Absent: 3 | Members that were absent are Michelle Berardinetti, Rob Ford, Giorgio Mammoliti |
That City Council adopt the following recommendation contained in the supplementary report (February 2, 2016) from the City Solicitor [LS9.4a]:
1. Council direct that the information in the confidential attachment remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.
Vote (Amend Item (Additional)) Feb-03-2016 3:20 PM
| Result: Carried | Majority Required - LS9.4 - Mayor Tory - motion 1b |
|---|---|
| Total members that voted Yes: 41 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 1 | Members that voted No are Mark Grimes |
| Total members that were Absent: 3 | Members that were absent are Michelle Berardinetti, Rob Ford, Giorgio Mammoliti |
Vote (Adopt Item as Amended) Feb-03-2016 3:20 PM
| Result: Carried | Majority Required - LS9.4 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 37 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 5 | Members that voted No are Frank Di Giorgio, John Filion, Mark Grimes, Josh Matlow, Anthony Perruzza |
| Total members that were Absent: 3 | Members that were absent are Michelle Berardinetti, Rob Ford, Giorgio Mammoliti |
Councillor Matlow, rising on a Point of Privilege, stated that he wished to correct Councillor Shiner's statement about smartphone apps. Councillor Matlow advised that Beck Taxi does has a smartphone app similar to the one Councillor Shiner was describing during his remarks.
February 3, 2016 at 2:51 p.m. - Speaker Nunziata recessed the meeting due to a disruption in the Chamber.
Councillor Shiner, rising on a Point of Privilege, stated that he did understand that taxi companies have smartphone apps but his point was that there were numerous apps and not just one. Councillor Shiner further stated that it is disrespectful for anyone to be disruptive during Council proceedings.
Councillor Karygiannis, rising on a Point of Order, stated that, in order to prevent the wrong perception, all taxi companies have smartphone apps and that Uber charges 25 percent.
LS9.4 - Calgary Injunction Decision regarding Unlicensed Ground Transportation Providers
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board
Committee Recommendations
The Licensing and Standards Committee recommends that:
1. City Council direct the City Solicitor and the Executive Director, Municipal Licensing and Standards, to return to the Ontario Superior Court of Justice to seek an injunction against Uber and individual UberX drivers, based on the updated regulations to Toronto Municipal Code Chapter 545 approved by City Council at its meeting on September 30, October 1 and 2, 2015.
2. City Council direct that the confidential attachment to the report (January 8, 2016) from the City Solicitor remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.
Decision Advice and Other Information
This item was considered with Items LS9.5, LS9.6, LS9.7 and LS9.9.
Origin
Summary
This report summarizes information regarding the decision of the Court of Queen's Bench of Alberta which granted an interim injunction to the City of Calgary prohibiting individuals from offering services through the UberX platform without a municipal taxicab or limousine licence. The confidential portion of this report (Attachment 1) provides information and legal advice regarding this decision.
Background Information
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-87346.pdf
(January 8, 2016) Confidential Attachment 1
Communications
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-58496.pdf
(January 20, 2016) E-mail from Harvey Spiegel, Q.C., forwarding a document titled "The Implications of the Calgary Injunction Decision and the Legal Issues involved in an application by the City to enforce the provisions of the Toronto Municipal Code Chapter 545" (LS.New.LS9.4.2)
(January 21, 2016) E-mail from Councillor Jim Karygiannis forwarding an article from the Canadian Press (LS.New.LS9.4.3)
(December 22, 2015) Letter from Michael I. Binetti, Affleck Greene McMurtry LLP (LS.New.LS9.4.4)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-58552.pdf
(January 22, 2016) Submission from Peter Mandronis (LS.New.LS9.4.5)
(January 22, 2016) Submission from Hayley Steinhart (LS.New.LS9.4.6)
Speakers
Sajid Mughal, iTaxiworkers Association
Peter Mandronis, Peter's Taxi (Submission Filed)
Harvey Spiegel
Hayley Steinhart (Submission Filed)
Kathy Platanitis
Sam Moini
Councillor Janet Davis
Motions
That the Recommendation 1 of the staff report be deleted and replaced with the following:
"City Council direct the City Solicitor and the Executive Director, Municipal Licensing and Standards, to return to Superior Court of Justice to seek an injunction against Uber and individual UberX drivers, based on the updated regulations to Toronto Municipal Code Chapter 545 approved by City Council at its meeting on September 30, October 1 and 2, 2015."
Vote (Amend Item) Jan-22-2016
| Result: Carried | Majority Required |
|---|---|
| Total members that voted Yes: 4 | Members that voted Yes are Glenn De Baeremaeker, Jim Karygiannis, Giorgio Mammoliti, Cesar Palacio (Chair) |
| Total members that voted No: 1 | Members that voted No are Josh Matlow |
| Total members that were Absent: 1 | Members that were absent are Frank Di Giorgio |