January 28, 1999

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 and to ratify all steps already taken.

Funding Sources, Financial Implications and Impact Statement:

Transportation Department account receivable in the sum of $8,637.09.

Recommendations:

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

Council Reference/Background/History:

On June 17, 1996, J.C. was involved in a motor vehicle accident which caused damage to traffic signal equipment, owned by The Municipality of Metropolitan Toronto, located at Lansdowne Avenue and Davenport Road, in the City of Toronto. As a result of this accident, the Metropolitan Corporation incurred expenses in the sum of $8,637.09, which represented the cost of repair to the traffic equipment. Despite demands for payment, J.C. has not paid anything towards said repair costs.

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. An action was commenced and a Statement of Claim has been served upon J.C. 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 General Manager of the Transportation Services Division of the Works & Emergency Services Department concurs with this report.

Conclusions:

The requested authorization be granted.

Contact Name and Telephone Number:

Cyd Lord-Ferdinand 392-8533.

H.W.O. Doyle

City Solicitor

Legal Services