The filed record
Litigation Arising from the Rehabilitation of Section 1 of the F.G. Gardiner Expressway (Jarvis Street to Cherry Street)
The Public Gallery wrote no story on this item. What follows is the city’s own record of what happened to it, as filed: nothing on this page is summarised or scored by us.
The decision
2025-04-23 · Toronto City Council · amended
As filed
City Council on April 23 and 24, 2025, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 24, 2025) 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
Show the rest of As filed, 1,860 more characters as filed
(March 24, 2025) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services, at the discretion of the City Solicitor, but that the balance of Confidential Attachment 1 to the report (March 24, 2025) 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. 3. City Council direct the Chief Procurement Officer to advise WSP of the proposed basis for its suspension, provide WSP with 30 days to respond to the communication and to report to the General Government Committee in accordance with the requirements of the Supplier Suspension Procedure with a recommendation as to whether WSP should be suspended from being eligible to bid on or be awarded any City of Toronto contracts as a supplier of goods and/or services or as a subcontractor to such a supplier and, if so, for how long. 4. City Council direct the City Manager to advise Metrolinx of the commencement of the Supplier Suspension Procedure and to report to the General Government Committee on whether WSP should be suspended from being eligible to bid on City contracts. Confidential Attachment 1 to the report (March 24, 2025) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services 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 and litigation privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (March 24, 2025) 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.
On the agenda
As the city filed it
The City hired WSP Canada Inc. ("WSP" which is inclusive of a predecessor company subsequently amalgamated with WSP) to provide professional consulting services, including preliminary design and detailed design services, for the Rehabilitation of Section 1 of the F.G. Gardiner Expressway (the "Gardiner") from Jarvis Street to Cherry Street (the "Project"). The City alleges that WSP's design was erroneous, incomplete or insufficient in important respects that were discovered during construction (the "Design Errors").
Show the rest of As the city filed it, 741 more characters as filed
Although these Design Errors were fully addressed during construction for purposes of completing the Project, the City incurred additional costs to rectify the errors and additional costs to accelerate the Project (to avoid, amongst other things, extended lane closures on the Gardiner) because the Design Errors contributed to delays. Therefore, the City commenced a legal action against WSP to recover the costs it alleges were incurred due to the Design Errors. The City claims that WSP 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. Confidential Attachment 1 contains legal advice from the City Solicitor regarding the litigation.
Staff recommended
The City Solicitor, and the Chief Engineer and Executive Director, Engineering and Construction Services recommend 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
2025-04-07 · General Government Committee · amended
Decision as filed
The General Government Committee recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 24, 2025) 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 recommendations contained in Confidential Attachment 1 to the report (March
Show the rest of Decision as filed, 460 more characters as filed
24, 2025) from the City Solicitor, and the Chief Engineer and Executive Director, Engineering and Construction Services, at the discretion of the City Solicitor, but that the remainder of Confidential Attachment 1 to the report (March 24, 2025) from the City Solicitor, and the Chief Engineer and Executive Director, Engineering and Construction Services, remain confidential as it contains advice which is subject to solicitor-client and litigation privilege.
Clerk’s note
The General Government Committee: 1. Directed the Chief Procurement Officer, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, to report directly to the April 23, 24 and 25, 2025 meeting of City Council with a recommendation as to whether WSP Canada Inc., should be suspended from being eligible to bid on or be awarded any City of Toronto contracts as a supplier of goods and / or services or as a subcontractor to such a supplier and, if so, for how long.
2025-04-23 · Toronto City Council · amended
On the record
More from this meeting
- Amendment to Blanket Contract Number 47023934 with Standard Mechanical Systems Limited, for Heating, Ventilation, and Air Conditioning Preventive Maintenance Services at Various City of Toronto Children’s Services LocationsFiled record
- Amendment to Purchase Order Number 6047783 with Hatch Corporation and Purchase Order Number 6053327 with W.S. Nicholls Construction Inc., for the Rehabilitation and Upgrades at Four Water Pumping StationsFiled record
- Amendment to Purchase Order Number 6052017 with WSP Canada Inc., for Replacement of Sanitary Forcemains in Various Toronto Locations Group 2Filed record
- Amendment to Purchase Order Number 6052669 EBC Bessac Canada (FSPSTT) Joint Venture for the Construction of the Fairbank Silverthorn Storm Trunk Tunnel and Micro-Tunneled Storm Collectors for Basement Flooding Protection Program Study Area 3Filed record
- Award of Doc4556210399 to Multiple Suppliers for Fire and Life Safety, Inspection, Test and Maintenance for Fire Alarm, Sprinkler, Standpipe, Special Suppression, Fire Extinguisher, and Fire Hydrants for Various City DivisionsFiled record
- Non-Competitive Procurement Contracts with Mister Safety Shoes Inc operating as Mister Safety Shoes and Kodiak Group Holdings operating as Work Authority for the Non-Exclusive Supply and Fitting of Various New Safety Footwear and Related Items for Various City of Toronto DivisionsFiled record