Litigation Arising from North Toronto Wastewater Treatment Plant Combined Sewer Overflow Tank - Implementation of Hydraulic Improvement and High Rate Treatment Project, Request for Proposal 9117-06-7403

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The decision

2021-11-09 · Toronto City Council · adopted

As filed

City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 5, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the

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report (October 5, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services, at the discretion of the City Solicitor, and City Council direct that the balance of Confidential Attachment 1 to the report (October 5, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services remain confidential as it contains advice that is subject to solicitor-client and litigation privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (October 5, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to advice or communications that are subject to solicitor-client privilege and litigation privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (October 5, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (October 5, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to advice or communications that are subject to solicitor-client and litigation privilege.

On the agenda

As the city filed it

The City hired CH2M Hill Canada Limited to design and oversee the construction of modifications to the North Toronto Wastewater Treatment Plant Combined Sewer Overflow Tank (the "Project"). The Project was to retrofit the existing Combined Sewer Overflow at the North Toronto Treatment Plant to improve treatment and flow conveyance. The work was intended to increase the volume of water the Combined Sewer Overflow Tank could treat to reduce the frequency and the volume of untreated sewer overflow diverted to the Don River in wet weather.

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To date, the Combined Sewer Overflow Tank cannot be operated in accordance with its intended design. Therefore, the City has commenced legal action against CH2M Hill Canada Limited. The City claims that CH2M Hill Canada Limited was negligent or breached its contract with the City in its: (a) design of the Project; and/or (b) delivery of engineering services during the Project. The City is also currently in the process of assessing precisely what is required in terms of remedial work to improve the functionality of the North Toronto Treatment Plant Combined Sewer Overflow Tank, and the cost/time to complete the work. Confidential Attachment 1 contains legal advice from the City Solicitor regarding the litigation.

Staff recommended

The City Solicitor recommends 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 contains advice which is subject to solicitor-client and litigation privilege.

Considered

2021-10-26 · Infrastructure and Environment Committee · adopted
Decision as filed
The Infrastructure and Environment Committee recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 5, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report
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(October 5, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services, at the discretion of the City Solicitor, and that City Council direct that the balance of Confidential Attachment 1 to the report (October 5, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services remain confidential as it contains advice that is subject to solicitor-client and litigation privilege.
2021-11-09 · Toronto City Council · adopted

On the record

The item as the City filed it

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