September 28, 1998
To:Corporate Services Committee
From:City Solicitor
Subject:Court Application by COTAPSAI to quash the decision of Council respecting the agreement with COTAPSAI
Recommendations:That the report be received and forwarded to Council for information.
Discussion:
By Application dated September 15, 1998, to the Ontario Court (General Division) COTAPSAI (the "applicant") initiated
legal proceedings against the City of Toronto. The applicant seeks Orders:
(a)quashing City of Toronto By-Law No. 277-1998 dated June 3, 1998, to the extent that it adopted the recommendations
in Clause No. 3 contained in report No.7 of the Corporate Services Committee, headed "City of Toronto Administrative,
Professional, Supervisory Association, Incorporated (COTAPSAI)";
(b)quashing City of Toronto By-Law No. 554-1998, dated July 31, 1998; and
(c)directing specific performance of the Consolidated Memorandum of Understanding between the City of Toronto and
COTAPSAI, adopted by the City of Toronto in Confirmation By-law No. 1997-0088 dated February 3, 1997.
The grounds for the application are that By-law No. 277-1998, to the extent that it adopted the recommendations in Clause
3 of Report No. 7 of the Corporate Services Committee, and By-law No. 554-98 purport to annul the binding agreement
between COTAPSAI and the City of Toronto as set out in the Consolidated Memorandum of Understanding and,
therefore, should be quashed for illegality.
Christopher Riggs, Q.C., of the law firm of Hicks, Morley, Hamilton, Stewart, Storie, has been retained to act on behalf of
the City of Toronto. The Application will be heard on October 20, 1998.
Contact Name:
George S. Monteith - 392-8062
H.W.O. Doyle
City Solicitor
Legal Services
