5. LITIGATION RECORD – FOR THE PERIOD OF 1 JULY 2010 TO 30 SEPTEMBER 2010

BILAN DES LITIGES - POUR LA PÉRIODE DU 1ER JUILLET AU 30 SEPTEMBRE 2010

COMMITTEE RECOMMENDATION

That Council receive this report for information.

Recommandation du comité

Que le Conseil prenne connaissance de ce rapport.

DOCUMENTATION

1. City Clerk and Solicitor's report, dated 10 January 2011 (ACS2011-CMR-LEG-0002).

Report to/Rapport au :

Finance and Economic Development Committee

Comité des finances et du développement économique

and Council / et au Conseil

10 January 2011 / le 10 janvier 2011

Submitted by/Soumis par : M. Rick O'Connor, City Clerk and Solicitor/
Greffier et Chef du contentieux

Contact Person/Personne ressource : David White, Manager, Litigation & Labour Relations/Gestionnaire litiges et Relations de travail

(613) 580-2424 x21933, David.white@ottawa.ca

City Wide/à l'échelle de la Ville

Ref N°: ACS2011-CMR-LEG-0002

SUBJECT:	LITIGATION RECORD – for the period of 1 July 2010 to 30 September 2010

OBJET :	BILAN DES LITIGES - POUR LA PÉRIODE DU 1er JUILLET AU 30 SEPTEMBRE 2010

REPORT RECOMMENDATION

That the Finance and Economic Development Committee and Council receive this report for information.

RECOMMANDATION DU RAPPORT

Que le Comité des finances 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.

In terms of matters before the Ontario Municipal Board (OMB), a continuously-updated summary of all such matters since 2001 is on file with the City Clerk and Solicitor. On May 26, 2010, City Council endorsed the proposal put forward by Councillor Qadri in a report to the Planning and Environment Committee on May 3, 2010, as follows:

1. That City staff be directed to provide regular, post mortem debriefings on all future Ontario Municipal Board (OMB) decisions to Planning and Environment Committee or Agriculture and Rural Affairs Committee, as appropriate, with an information report that identifies the rationale for such rulings within a month of the decision.

2. That, as part of this report and all future debriefings, staff outline any potential changes to City plans, policies and/or procedures to address issues arising from OMB decision in order to minimize the potential for future losses on appeal and to more accurately reflect Council’s direction.

In keeping with that direction, staff will be providing a detailed summary of any loss before the OMB.

DISCUSSION

In keeping with the format adopted in the initial report, this follow-up report contains in Document 1 a summary of Legal Services’ outcomes for the third quarter of 2010. The litigation outcomes for Legal Services matters will continue to be presented to Committee and Council on a quarterly basis.

RURAL IMPLICATIONS

N/A

CONSULTATION

As this is an administrative direction to staff, no public consultation was undertaken.

COMMENTS BY THE WARD COUNCILLOR(S)

N/A

LEGAL/RISK MANAGEMENT IMPLICATIONS

The decisions involved in the recommendation of this motion to Council do not have any significant Legal/Risk Management concerns.

CITY STRATEGIC PLAN

N/A

TECHNICAL IMPLICATIONS

N/A

FINANCIAL IMPLICATIONS

There are no financial implications arising from this report.

SUPPORTING DOCUMENTATION

Document 1 – Litigation Record – Results for the Period from July 1st to September 30th, 2010

DISPOSITION

Subject to any direction by Committee and Council, the City Clerk and Solicitor will continue to produce the City’s record for all litigation on a quarterly basis.

Document 1

LITIGATION RECORD – RESULTS FOR THE PERIOD FROM JULY 1ST TO SEPTEMBER 30TH, 2010

Civil Claims

Total Matters Concluded: 30
Successful Outcomes: 30		Unsuccessful Outcomes: 0
Settlements	Decision(s)/Order(s)	Decision(s)/Order(s)
26	4	0

Labour Arbitrations

Total Matters Concluded: 8
Successful Outcomes: 8		Unsuccessful Outcomes: 0
Settlements	Decision(s)/Order(s)	Decision(s)/Order(s)
7	1	0

OMB Matters

Total Matters Concluded: 7
Successful Outcomes: 6		Unsuccessful Outcomes: 1
Settlements	Decision(s)/Order(s)	Decision(s)/Order(s)
2	4	1

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.

Reasons for Unsuccessful Outcome:

Re: 287 Lisgar

This matter was reported to Planning and Environment Committee on October 4^th, 2010 (see: ACS2010-CMR-LEG-0019: http://ottawa.ca/calendar/ottawa/citycouncil/pec/2010/10-04/9%20-%20ACS2010-CMR-LEG-0019%20-%20OMB%20287%20Lisgar%20Street.htm).

The developer sought a rezoning to be able to construct 16 storeys. The City’s position was that the limit should be 12 storeys. In addition, the City’s position was that any substantial rezoning should await the completion of the Mid-Centretown Community Design Plan. The OMB’s decision to approve 16 storeys was based upon the Board’s findings that:

The matters to be considered in the Mid-Centretown Community Development Plan had been addressed in this application; and
The proposed development appropriately implemented the intensification policies of the Provincial Policy Statement and the Official Plan.

Other Administrative Tribunals (Human Rights, W.S.I.B., etc.)

Total matters concluded: 7
Successful Outcomes: 7		Unsuccessful Outcomes: 0
Settlements	Decision(s)/Order(s)	Decision(s)/Order(s)
1	6	0