March 10, 1998

To: Toronto Community Council

From: Lesley Watson, Director, By-law Administration and Enforcement, City Works Services

Subject: Offence Notice Issued to Chan Choi, Beaches Fruit Market - 2038 Queen Street East (Ward 26 - East Toronto)

Purpose:

To provide the Toronto Community Council with information on a by-law enforcement action which resulted in an automatic conviction and which has been the subject of an exchange of correspondence between Councillor Jakobek and the former Board of Management of the City of Toronto.

Funding Sources, Financial Implications and Impact Statement:

None.

Recommendation:

It is recommended that this report be received for information.

Background:

Councillor Jakobek wrote to the former Board of Management on December 12, 1997, asking that the Board grant a refund for an Offence Notice issued to Chan Gil Choi on July 1, 1997. The Board considered the request and replied to Councillor Jakobek advising that the Board no longer had jurisdiction over the matter. Councillor Jakobek then wrote back asking that we report on the matter to the Strategic Policies and Priorities Committee. As this is a local matter related to by-law enforcement, I am reporting to the Toronto Community Council.

Comments:

The Offence Notice, or ticket, was issued on July 1, 1997, for Avending in a prohibited area@. The ticket was issued by a municipal by-law officer three hours after he had issued a warning to Chan Choi to move her merchandise off the sidewalk and back inside the painted lines of her licensed marketing area. The by-law officer was on patrol in the area to ensure that the sidewalk was clear before the start of the annual Beaches Canada Day Festival.

The set fine for this offence is $125 (i.e. $105 plus costs). As Chan Choi did not contest the ticket, she was automatically convicted. As of February 20, 1998, the ticket has not been paid, and is now in default.

As Councillor Jakobek was previously advised, this is a court-ordered matter, and the City does not have the authority or ability to intervene. However, if Chan Choi wishes, she may still, at this point appeal the conviction to the Courts. If a judge grants leave to appeal, Ms. Choi may then contest the ticket.

Contact Name and Telephone Number:

Lesley Watson, 392-1525

Director