Item - 2018.GM26.5

Tracking Status

  • City Council adopted this item on April 24, 2018 without amendments and without debate.
  • This item was considered by Government Management Committee on April 3, 2018 and was adopted with amendments. It will be considered by City Council on April 24, 2018.

GM26.5 - Arrears for Water Billings at 4700 Keele Street

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
8 - York West

City Council Decision

City Council on April 24, 25, 26 and 27, 2018, adopted the following:

 

1. City Council adopt the confidential instructions to staff in the confidential letter (April 3, 2018) from the Government Management Committee.

 

2. City Council authorize the City Treasurer, in consultation with the City Solicitor and the General Manager, Toronto Water, to re-initiate discussions with officials of York University to exchange further information that may bear on the recorded water consumption readings and utility billings, in an effort to reach a mutually satisfactory resolution and report back to the Government Management Committee on the outcome.

 

3. City Council direct that the confidential instructions to staff in the confidential letter (April 3, 2018) from the Government Management Committee and Confidential Attachment 1 to the report (March 16, 2018) from the City Solicitor and the Treasurer remain confidential in their entirety as they contain advice that is subject to solicitor-client privilege and they relate to litigation or potential litigation.

 

The confidential instructions to staff in the confidential letter (April 3, 2018) from the Government Management Committee and Confidential Attachment 1 to the report (March 16, 2018) from the City Solicitor and the Treasurer remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege and they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations.

Confidential Attachment - Litigation or potential litigation, that affects the City or one of its agencies or corporations and advice or communications that are subject to solicitor-client privilege

Background Information (Committee)

(March 16, 2018) Report from the City Solicitor and the Treasurer on Arrears for Water Billings at 4700 Keele Street
https://www.toronto.ca/legdocs/mmis/2018/gm/bgrd/backgroundfile-113409.pdf
Confidential Attachment 1

Communications (Committee)

(March 28, 2018) Letter from Sarit E. Batner, McCarthy Tétrault LLP (GM.New.GM26.5.1)
https://www.toronto.ca/legdocs/mmis/2018/gm/comm/communicationfile-79309.pdf

GM26.5 - Arrears for Water Billings at 4700 Keele Street

Decision Type:
ACTION
Status:
Amended
Ward:
8 - York West

Confidential Attachment - Litigation or potential litigation, that affects the City or one of its agencies or corporations and advice or communications that are subject to solicitor-client privilege

Committee Recommendations

The Government Management Committee recommends that:

 

1. City Council adopt the confidential instructions to staff in the confidential letter (April 3, 2018) from the Government Management Committee.

 

2. City Council authorize the City Treasurer, in consultation with the City Solicitor and the Acting General Manager, Toronto Water, to re-initiate discussions with officials of York University to exchange further information that may bear on the recorded water consumption readings and utility billings, in an effort to reach a mutually satisfactory resolution and report back to the Government Management Committee on the outcome.

 

3. City Council direct that the confidential instructions to staff in the confidential letter (April 3, 2018) from the Government Management Committee and the information contained in Confidential Attachment 1 to the report (March 16, 2018) from the City Solicitor and the Treasurer, remain confidential in their entirety as they contain advice which is subject to solicitor-client privilege and relates to litigation or potential litigation.

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 the receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation, that affects the City or one of its agencies or corporations.

Origin

(March 16, 2018) Report from the City Solicitor and the Treasurer

Summary

This report relates to the accumulation of arrears for water and sewer services at a property municipally known as 4700 Keele Street, public utility account 166500, which is the main campus of York University. The confidential attachment contains legal advice and legal recommendations about the overdue amount.

Background Information

(March 16, 2018) Report from the City Solicitor and the Treasurer on Arrears for Water Billings at 4700 Keele Street
https://www.toronto.ca/legdocs/mmis/2018/gm/bgrd/backgroundfile-113409.pdf
Confidential Attachment 1

Communications

(March 28, 2018) Letter from Sarit E. Batner, McCarthy Tétrault LLP (GM.New.GM26.5.1)
https://www.toronto.ca/legdocs/mmis/2018/gm/comm/communicationfile-79309.pdf

Motions

1 - Motion to Meet in Closed Session moved by Councillor Paul Ainslie (Carried)

11:07 a.m. - That the Government Management Committee recess its public session to meet in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation, that affects the City or one of its agencies or corporations.


2 - Motion to Amend Item moved by Councillor Paul Ainslie (Carried)

That the Government Management Committee:

 

1. Confirm its actions in closed session in recommending to City Council confidential instructions to staff.

 

2. Recommend that City Council direct that the confidential instructions to staff and the information contained in Confidential Attachment 1 to the report (March 16, 2018) from the City Solicitor and the Treasurer, remain confidential in their entirety as they contain advice which is subject to solicitor-client privilege and relates to litigation or potential litigation.


3 - Motion to Amend Item (Additional) moved by Councillor Paul Ainslie (Carried)

That:

 

1.  City Council authorize the City Treasurer, in consultation with the City Solicitor and the Acting General Manager, Toronto Water, to re-initiate discussions with officials of York University to exchange further information that may bear on the recorded water consumption readings and utility billings, in an effort to reach a mutually satisfactory resolution and report back to the Government Management Committee on the outcome.

Source: Toronto City Clerk at www.toronto.ca/council