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Toronto City Council · 2019-01-30 · 2019.CC2.2

The filed record

Legal Challenge to Bill 5, the Better Local Government Act

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The decision

2019-01-30 · Toronto City Council · amended

As filed

City Council on January 30 and 31, 2019, adopted the following: 1. City Council instruct the City Solicitor to: a. oppose the Province's appeal at the Court of Appeal; b. pursue a leave to appeal application to the Supreme Court of Canada in the event the Province is successful on its appeal at the Court of Appeal; and c. take any further steps necessary and consistent with these instructions in consultation with the City Manager.

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2. City Council direct that Confidential Attachment 1 to the report (January 22, 2019) from the City Solicitor remain confidential in its entirety as it pertains to litigation against the City and it contains advice that is subject to solicitor-client privilege and settlement privilege. 3. City Council direct that Confidential Attachment 2 to the report (January 22, 2019) from the City Solicitor remain confidential in its entirety as it pertains to litigation against the City and it contains advice that is subject to solicitor-client privilege and settlement privilege. Confidential Attachment 1 to the report (January 22, 2019) from the City Solicitor 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 of Toronto and it contains advice that is subject to solicitor-client privilege and settlement privilege. Confidential Attachment 2 to the report (January 22, 2019) from the City Solicitor 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 of Toronto and it contains advice that is subject to solicitor-client privilege and settlement privilege.

The vote

Amend Item · Carried, 15-9

Against (9)Anthony Perruzza, Cynthia Lai, Frances Nunziata, Gary Crawford, Jim Karygiannis, Mark Grimes, Michael Ford, Michael Thompson, Stephen Holyday
Absent (2)Ana Bailão, Denzil Minnan-Wong
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On the agenda

As the city filed it

This report provides a status up-date to Council on the legal challenges to Bill 5, the Better Local Government Act, 2018. In addition, this report seeks instructions from Council regarding the Province's appeal of the Superior Court decision dated September 10, 2018 which is scheduled to be heard by the Ontario Court of Appeal on June 10 and 11, 2019.

Staff recommended

The City Solicitor recommends that: 1. City Council consider Confidential Attachment 1 from the City Solicitor and provide any instructions as it determines are appropriate. 2. City Council direct that the confidential instructions in Confidential Attachment 1 remain confidential until in the opinion of the City Solicitor they can be made public and the balance of the information contained in Confidential Attachment 1

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and Confidential Attachment 2 remains confidential in its entirety, as it relates to litigation against the City, contains advice which is subject to solicitor-client privilege and settlement privilege.

    On the record

    The item as the City filed it

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