March 6, 1998

To: Corporate Services Committee

From: H.W.O. Doyle

Subject: Property Damage Claim

Purpose:

To recommend that the City Solicitor be authorized to continue legal proceedings seeking recovery of the cost of repair to Metropolitan property which was damaged in a motor vehicle accident.

Funding Sources, Financial Implications and Impact Statement:

Transportation Department account receivable in the sum of $9,471.21.

Recommendations:

It is recommended that the City Solicitor be granted authority in this case to commence any court action where he deems it appropriate to do so, to appeal any decision where warranted, to discontinue or settle any such claim, action or appeal where he concludes that it is reasonable to do so, to execute any documents required in such action or appeal or to effect such settlement, and that any steps taken to date in this matter be ratified.

Council Reference/Background/History:

On February 1, 1995, a vehicle collided with crash cushions, owned by The Municipality of Metropolitan Toronto, which were located on the northbound Don Valley Parkway at the exit ramp to southbound Don Mills Road. The driver of the vehicle failed to remain at the scene of the accident. However, during the clean-up and repair operations, a front licence plate registered to J.M. was recovered from the crushed cushions.

As a result of this accident, the Metropolitan Corporation incurred expenses in the sum of $9,471.21, which represented the replacement cost of the crash cushions.

J.M has ignored demands for payment and has not paid anything towards the replacement cost of the crash barrels.

Due to an impending limitation date, it was deemed advisable to commence a court action in order to protect the interests of the Metropolitan Corporation. The action was commenced in 1997 and a Statement of Claim has been served upon J.M. This court action requires ratification by Council. It is therefore requested that this action be ratified and authority given to prosecute this action through to its conclusion, either in the courts or by way of a settlement between the parties.

Comments and/or Discussion and/or Justification:

The Interim Functional Lead of Transportation concurs with this report.

Conclusions:

The requested authorization be granted.

Contact Name and Telephone Number:

Jacqueline P. Wigle: 392-3912.

H.W.O. Doyle

City Solicitor

Legal Services