2. LITIGATiON
record – Quarterly updates
BILAN
DES LITIGES - MISE À JOUR TRIMESTRIELLE
COMMITTEE
RECOMMENDATION
That Council receive this report for
information.
RECOMMANDATION DU
COMITÉ
Que le
Conseil prenne connaissance du présent rapport.
DOCUMENTATION
1. City Clerk and Solicitor’s report dated
22 April 2010 (ACS2010-CMR-LEG-0006).
Report to/Rapport au :
Corporate Services and Economic Development
Committee
Comité des services organisationnels et du
développement économique
and Council / et au Conseil
22 April
2010 / le 22 avril 2010
Submitted by/Soumis par : Kent Kirkpatrick,
City Manager/Directeur des services municipaux
Contact
Person/Personne ressource : M. Rick O'Connor, City Clerk and Solicitor
Legal Services/Services juridiques
(613) 580-2424 x21215, rick.oconnor@ottawa.ca
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SUBJECT: |
LITIGATiON record – Quarterly updates |
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OBJET : |
BILAN DES
LITIGES - MISE À JOUR TRIMESTRIELLE |
REPORT RECOMMENDATION
That
the Corporate Services and Economic Development Committee and Council receive
this report for information.
RECOMMANDATION DU RAPPORT
Que le Comité des services
organisationnels et du développement économique et le Conseil municipal
prennent connaissance du présent rapport.
BACKGROUND
In March 2009, the Corporate Services and
Economic Development Committee and City Council received the first report on
Legal Services’ litigation record (Ref N°:
ACS2009-CMR-LEG-0008). This report, prepared in response to Council resolutions stemming from
the 2007 Audit of Labour Relations, outlined the methodology by which
litigation outcomes of all types, including labour arbitrations, civil claims
and administrative tribunal matters, would be categorized as “successful” or
“unsuccessful”. The March 2009 report,
as well as the 2009 year-end report presented in January 2010, provided a
summary for all litigation.
DISCUSSION
In keeping with the
format adopted in the initial report, this follow-up report contains in
Attachment “A” a summary of Legal Services’ outcomes for the first quarter of
2010. The litigation outcomes for Legal Services matters will continue to be
presented to Committee and Council on a quarterly basis.
CONSULTATION
As this is an administrative direction to
staff, no public consultation was undertaken.
LEGAL/RISK MANAGEMENT
IMPLICATIONS:
The decisions involved in the
recommendation of this motion to Council do not have any significant Legal/Risk
Management concerns.
FINANCIAL
IMPLICATIONS
There are no financial implications arising
from this report.
SUPPORTING
DOCUMENTATION
Document
1 – Litigation Record – 2010 Results - (Quarter 1)
DISPOSITION
Subject to any amendments by City Council, the City Clerk and Solicitor
to continue to produce the City’s record for all litigation on a quarterly
basis.
Attachment “A”
Total matters
concluded:
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Total Cases: 33 |
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Successful Matters: |
Unsuccessful Decisions: |
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Settlements |
Decision(s) |
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31 |
1 |
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1 |
Case 1: This was a case in which the Plaintiffs purchased a house and later discovered mould and foundation problems associated with an addition to the house. The claim was based on the assertion that the City had performed negligent building inspections at the time the addition was modified (1978 and 1980). The City’s contention was that the foundation was built before the Building Code came into force, and therefore, could not be held to those more recent inspection standards. While the judge agreed with the City that it did not have a legal duty to inspect any construction completed prior to the Building Code coming into force, His Honour believed that the facts indicated that the foundation was built after the Building Code came into effect and when the second building permit was applied for in 1980. Therefore, His Honour determined that the City was negligent and awarded judgment to the plaintiffs for the damages to repair the addition to their house and associated costs. As this was an historical case which did not involve current inspection standards, no remedial action was recommended.
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Total Matters Concluded: 15 |
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Successful Matters: |
Unsuccessful Decisions: |
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By settlement |
By decision/order |
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10 (plus 1 by withdrawal) |
3 |
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1 |
Reasons for Unsuccessful Outcome:
Case 1: The
arbitration involved a grievance filed after a long-standing job description
was changed to reflect new qualifications.
The arbitrator held that, while management generally had the right to
set qualifications, one of the stipulated qualifications exceeded what was
necessary to perform the job. The arbitrator directed that this qualification
be removed from future postings for the position, but declined to order any
individual remedy. The decision has been communicated to the operating
department for implementation. However, as the decision is specific to an
individual position, no further remedial action was recommended.
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Total Matters Concluded: 6 |
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Successful Matters: |
Unsuccessful Decisions: |
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By Settlement |
By Decision/Order |
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6 |
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Note: more specific information on the results of
cases before the Ontario Municipal Board will be reported in Legal Services’
Annual Report on these matters.
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Total matters concluded - |
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Successful Matters: |
Unsuccessful Decisions: |
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By Settlement |
By Decision/Order |
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2 |
2 |
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1 |
Case 1: The worker appealed a decision of the WSIB
Appeals Resolution Officer (ARO), who concluded that the worker was not
entitled to workplace insurance benefits for a right shoulder strain which, it
was claimed, resulted from employment.
The ARO had rendered a decision based upon the written record without an
oral hearing. The appeal was allowed by
the Workplace Safety and Insurance Appeals Tribunal after an oral hearing. As a
result, the worker was entitled to benefits under the Act. In such matters, the
decision under appeal is not one made by the City but, rather, by the Workplace
Safety and Insurance Board. As a result, the decision has no specific application in other City matters.