Item - 2017.GM23.4
Tracking Status
- City Council adopted this item on December 5, 2017 without amendments and without debate.
- This item was considered by the Government Management Committee on November 13, 2017 and adopted without amendment. It will be considered by City Council on December 5, 2017.
GM23.4 - Appeal Decision - Toronto District School Board v. Cogeco Data Services Inc.
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Wards:
- All
City Council Decision
City Council on December 5, 6, 7 and 8, 2017, adopted the following:
1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 27, 2018) from the City Solicitor and the Chief Information Officer.
2. City Council direct that Confidential Attachment 1 to the report (October 27, 2017) from the City Solicitor and the Chief Information Officer remain confidential in its entirety, as it is about litigation or potential litigation that affects the City or one of its agencies or corporations, and concerns the security of the property of the City or one of its agencies or corporations.
Confidential Attachment 1 to the report (October 27, 2017) from the City Solicitor and the Chief Information Officer remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations, and it pertains to the security of the property of the City or one of its agencies or corporations.
Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and the security of the property of the municipality or local board
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2017/gm/bgrd/backgroundfile-108490.pdf
Confidential Attachment 1 - Cogeco Appeal Decision - Confidential Comments
GM23.4 - Appeal Decision - Toronto District School Board v. Cogeco Data Services Inc.
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and the security of the property of the municipality or local board
Committee Recommendations
The Government Management Committee recommends that:
1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 27, 2018) from the City Solicitor and the Chief Information Officer.
2. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (October 27, 2017) from the City Solicitor and the Chief Information Officer remain confidential in its entirety, as it is about litigation or potential litigation that affects the City or one of its agencies or corporations, and concerns the security of the property of the City or one of its agencies or corporations.
Decision Advice and Other Information
The Government Management Committee recessed its public session to meet in closed session to consider this item as it relates to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and the security of the property of the municipality or local board.
Origin
Summary
At its meeting of July 15, 2008, City Council approved on a confidential basis the terms of a lit fibre data services agreement with Toronto Hydro Telecom Inc. ("THTI") in anticipation that the agreement would be assumed and performed by Cogeco Data Services Inc. ("CDSI") as the purchaser of THTI's assets.
As previously reported by the Chief Information Officer, delays to the completion of the build out of the Cogeco high speed WAN network have resulted in the City maintaining more of its data communications service requirements with Bell Canada than originally planned.
As a result of the delays, the Toronto District School Board, Toronto Catholic District School Board and the City of Toronto (the "Customers") requested an arbitration seeking a remedy for the failure by Cogeco to complete the network. On Friday, June 23, 2017 the City of Toronto received notice of a decision (June 23, 2017) of the Superior Court of Justice dismissing the application of the Customers for leave to appeal the arbitrator's previous awards in this matter.
The effect of the decision is that Cogeco is not required to construct the balance of the network, however it does not have the effect of terminating the WAN Agreement and the City continues to receive services from Cogeco for those sites which have been completed.
Staff require instructions from Council on an urgent basis and have therefore prepared this report to Council.
Background Information
https://www.toronto.ca/legdocs/mmis/2017/gm/bgrd/backgroundfile-108490.pdf
Confidential Attachment 1 - Cogeco Appeal Decision - Confidential Comments
Motions
12:11 p.m. - That the Government Management Committee recess its public session to meet in closed session to consider this item as it relates to litigation or potential litigation including matters before administrative tribunals, affecting the City or a local board; and the security of the property of the municipality or local board.