February 3, 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 $7,017.22.
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 any steps taken to date in
this matter be ratified.
Council Reference/Background/History:
On December 1, 1993, R.P. was driving on the exit ramp from the southbound Don Valley Parkway to eastbound Lawrence
Avenue East, when he lost control of the vehicle that he was operating and collided with a guard rail and street lamp posts,
owned by The Municipality of Metropolitan Toronto. The Metropolitan Corporation incurred expenses in the sum of
$7,017.22, which represented the cost of repairs to said traffic equipment.
R.P. has ignored demands for payment and has not paid anything towards the repair costs.
It was deemed advisable to commence a court action in order to protect the interests of the Metropolitan Corporation. A
Statement of Claim has been served upon R.P. 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:
Alana Reitapple Blitstein: 392-8050
H.W.O. Doyle
City Solicitor
Legal Services
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