The filed record
Litigation Arising from the Construction of Ethennonnhawahstihnen' Community Recreation Centre and Library
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The decision
2024-11-13 · Toronto City Council · adopted
As filed
City Council on November 13 and 14, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 1, 2024) from the City Solicitor and the General Manager, Parks, Forestry and Recreation. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (October 1, 2024) from the City Solicitor and the General Manager, Parks, Forestry and Recreation, 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 (October 1, 2024) from the City Solicitor and the General Manager, Parks, Forestry and Recreation, is to remain confidential in its entirety, as it relates to litigation involving the City and contains advice which is subject to solicitor-client privilege. Confidential Attachment 1 to the report (October 1, 2024) from the City Solicitor and the General Manager, Parks, Forestry and Recreation remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation involving the City and advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (October 1, 2024) from the City Solicitor and the General Manager, Parks, Forestry and Recreation will be made public at the discretion of the City Solicitor.
On the agenda
As the city filed it
Ethenonnhawahstihnen Community Recreation Centre and Library was constructed between 2018 and 2023 pursuant to a contract entered into by the City of Toronto with Eastern Construction Company ("Eastern") as general contractor. During and following construction, Eastern and subcontractors retained by it for the purposes of the Project commenced lawsuits against the City relating to alleged damages and extra costs incurred during construction.
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The total amount claimed by Eastern on behalf of itself and its subcontractors is $13,503,992.43. The City defended the action and advanced a claim against its hydrogeological consultant, Terraprobe Inc. Confidential Attachment 1 contains legal advice from the City Solicitor regarding the litigation and seeks instructions.
Staff recommended
The City Solicitor, and the General Manager, Parks, Forestry and Recreation recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that the remainder of Confidential
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Attachment 1 is to remain confidential in its entirety, as it relates to litigation involving the City and contains advice which is subject to solicitor-client privilege.
Considered
2024-10-16 · General Government Committee · adopted
Decision as filed
The City Solicitor, and the General Manager, Parks, Forestry and Recreation recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (October 1, 2024) from the City Solicitor, and the General Manager, Parks, Forestry and Recreation. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (October 1, 2024) from the City Solicitor, and the General Manager, Parks, Forestry and Recreation, if adopted by City Council, at the discretion of the City Solicitor.
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3. City Council direct that the remainder of Confidential Attachment 1 to the report (October 1, 2024) from the City Solicitor, and the General Manager, Parks, Forestry and Recreation, is to remain confidential in its entirety, as it relates to litigation involving the City and contains advice which is subject to solicitor-client privilege.
2024-11-13 · Toronto City Council · adopted
On the record
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