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Toronto City Council · 2023-03-29 · 2023.CC5.12

The filed record

Vaccine Choice Canada Litigation

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The decision

2023-03-29 · Toronto City Council · adopted

As filed

City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 15, 2023) from the City Solicitor. 2. City Council direct that the confidential instructions to staff in Confidential Attachment 1 to the report (March 15, 2023) from the City Solicitor remain confidential 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 (March 15, 2023) from the City Solicitor remain confidential in its entirety, as it pertains to litigation and contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (March 15, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation and contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (March 15, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

Vaccine Choice Canada and seven individuals have brought a legal claim against the City of Toronto (the "City"), the federal government, the Ontario government, other municipal governments and government actors as well as various officials and employees of those entities. Both Toronto's mayor and medical officer of health are named in their official capacity. The claim was brought in Superior Court, bearing Court File CV-20-00643451-0000 ("the Claim").

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The Claim seeks declarations that public health measures that were adopted in response to the COVID-19 pandemic are unconstitutional and seeks injunctions against future COVID-19 public health measures. A motion to strike the Claim has been scheduled for January 30 and February 1, 2024. Confidential Attachment 1 contains legal advice from the City Solicitor regarding this legal proceeding.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council direct that the confidential instructions in Confidential Attachment 1 remain confidential at the discretion of the City Solicitor and that the balance of Confidential Attachment 1 remain confidential in its entirety, as it pertains to litigation and contains advice that is subject to solicitor-client privilege.

    On the record

    The item as the City filed it

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