H.W. Osmond Doyle, LL.B., LL.M.
City Solicitor
Legal Services
55 John Street
Stn.1260, 26th Flr., Metro Hall
Toronto ON M5V 3C6
Tel: (416) 392-8047
Fax: (416) 392-3848
January 4, 1999
To:Works and Utilities Committee
From:H.W.O. Doyle
City Solicitor
Subject:Hollick v. Toronto
Keele Valley Landfill Class Action
Purpose:
This report is for the information of the Committee and to advise that the Divisional Court set
aside the certification of this law suit as a class action.
Funding Sources, Financial Implications and Impact Statement:
N/A
Recommendations:
That this report be received for information.
Council Reference/Background/History:
The plaintiff commenced legal proceedings in February of 1997 alleging damage to a class of
persons living near the Keele Valley Landfill as a result of the operation of the Site. In
accordance with the Class Proceedings Act the plaintiff brought a motion before a judge in
Newmarket seeking certification of the proceeding as a class action in February, 1998.
Certification was granted. The City of Toronto sought leave to appeal to the Divisional Court
in May of 1999 and leave was granted. The appeal was heard in September of 1998.
Comments and/or Discussion and/or Justification:
The appeal from the certification of this action as a class action was argued before a full panel
of the Ontario Divisional Court on September 28, 1998. The Court handed down its decision
on December 17, 1998. A copy is attached.
The Court was unanimous in setting aside the certification order, dismissing the plaintiff's
cross appeal and awarding the City of Toronto $15,000 in legal costs.
The decision is without prejudice to the plaintiff's right to bring a fresh motion for
certification on better evidence; however, the Court directed that any such future motion not
be heard by the same judge as heard the original motion.
The plaintiff is now seeking leave to appeal the decision. A Notice of Motion for Leave to
Appeal has now been served on the City. It is anticipated that the motion will be heard in
approximately three months.
Conclusions:
My staff will continue to take such steps as may be required to defend against this law suit and
will report back on future developments.
Contact Name:
Graham Rempe - 392-2887
H.W.O. Doyle
City Solicitor
Legal Services
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