Legal Challenge to Bill 184 - Protecting Tenants and Strengthening Community Housing Act, 2020

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The decision

2023-07-19 · Toronto City Council · amended

As filed

City Council on July 19 and 20, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 4, 2023) from the City Solicitor. 2. City Council authorize the public release of Confidential Attachment 1 to the report (July 4, 2023) from the City Solicitor in Item 2023.CC8.5 and Confidential Attachment 1 to the revised supplementary report (July 26, 2020) from the City Solicitor in Item 2020.PH15.10 once the proceedings have concluded.

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Confidential Attachment 1 to the report (July 4, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (July 4, 2023) from the City Solicitor in Item 2023.CC8.5 and Confidential Attachment 1 to the revised supplementary report (July 26, 2020) from the City Solicitor in Item 2020.PH15.10 will be made public once the proceedings have concluded. November 26, 2025 The City Solicitor having confirmed that the legal proceedings relating to the release of confidential information have been concluded, Confidential Attachment 1 to the report (July 4, 2023) from the City Solicitor has been made public. Confidential Attachment 1 to the report (July 4, 2023) from the City Solicitor can be accessed under Background Information (City Council).

On the agenda

As the city filed it

On July 21, 2020, the Province passed Bill 184, Protecting Tenants and Strengthening Community Housing Act, 2020. Among other things, it made several amendments to the Residential Tenancies Act, 2006 that changed some of the procedural rules for landlord and tenant applications brought before the Landlord and Tenant Board. On July 28 and 29, 2020, City Council directed the City Solicitor to commence a legal challenge to those amendments.

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On March 30, 2021, the City issued a Notice of Application in Superior Court, seeking to challenge the validity of the amendments. The parties have now exchanged their application materials and are in the process of completing cross-examinations on their witnesses' affidavit evidence. Following this, the parties will agree to a date for the exchange of their written legal arguments and request a hearing date from the court. The City Solicitor brings this confidential report in order to seek further instructions.

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 information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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