Litigation Arising from Agreement between Universal Resource Recovery Inc. and City of Toronto for the Processing of Source Separated Organic Materials

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The decision

2021-10-01 · Toronto City Council · adopted

As filed

City Council on October 1 and 4, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2021) from the City Solicitor and the General Manager, Solid Waste Management Services. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2021) from the City Solicitor and the General Manager, Solid Waste Management Services, remains confidential at this time at the discretion of the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (September 23, 2021) from the City Solicitor and the General Manager, Solid Waste Management Services remain confidential as it contains advice that is subject to solicitor-client and litigation privilege and it relates to ongoing litigation against the City. The confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2021) from the City Solicitor and the General Manager, Solid Waste Management Services remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client and litigation privilege and relates to ongoing litigation against the City. The confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (September 23, 2021) from the City Solicitor and the General Manager, Solid Waste Management Services remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client and litigation privilege and relates to ongoing litigation against the City.

On the agenda

As the city filed it

By agreement dated October 1, 2008 and amended on May 3, 2011 (the "Agreement"), the City engaged Universal Resource Recovery Inc. ("URRI") to process its green bin material, or source separated organics material ("SSO"), into compost as part of the City's strategy to divert waste from landfill. In May, 2013, URRI commenced a lawsuit against the City seeking $50,000,000 in damages plus interest and legal costs for alleged breach of contract and wrongful interference with URRI's contractual relationship with York Region.

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The City defended and advanced a counterclaim for breach of contract against URRI. Confidential Attachment 1 contains legal advice from the City Solicitor regarding the litigation.

Staff recommended

The City Solicitor and the General Manager, Solid Waste Management Services recommend that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, at the discretion of the City Solicitor, but that the remainder of Confidential Attachment 1 remain confidential as it

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contains advice which is subject to solicitor-client and litigation privilege and relates to ongoing litigation against the City.

On the record

The item as the City filed it

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