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Toronto City Council · 2025-10-08 · 2025.CC33.4

The filed record

Leave to Intervene in Ontario Court of Appeal Case on Encampments

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The decision

2025-10-08 · Toronto City Council · amended

As filed

City Council on October 8 and 9, 2025, adopted the following: 1. City Council authorize the City Solicitor, with retroactive authority if required, to: a. bring a motion seeking leave to intervene in the appeal to be heard by the Ontario Court of Appeal of the decision in Heegsma v. Hamilton; b. intervene in the appeal if leave is granted by the Court; and c. instruct counsel, as necessary, in consultation with the General Manager of Toronto Shelter and Support Services.

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2. City Council direct that Confidential Attachment 1 to the report (September 25, 2025) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (September 25, 2025) 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 (September 25, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

The City Solicitor is seeking authority to proceed with a motion for leave to intervene in a case that is being heard at the Ontario Court of Appeal, where the Court will consider the scope of constitutional protections for persons sheltering in encampments.

Staff recommended

The City Solicitor recommends that: 1. City Council authorize the City Solicitor, with retroactive authority if required, to: a. bring a motion seeking leave to intervene in the appeal to be heard by the Ontario Court of Appeal of the decision in Heegsma v. Hamilton; b. intervene in the appeal if leave is granted by the Court; and c. instruct counsel, as necessary, in consultation with the General Manager of Toronto Shelter and Support Services.

    On the record

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