Court Ordered Recount in Scarborough Malvern - Ward 18

The Strategic Policies and Priorities Committee recommends that:

(1)given the error in the City Clerk's department during the 1997 election, Council recognize that it is in the public interest to direct appropriate City staff to pay the legal costs for both candidates involved in the court ordered recount in Ward 18;

(2)given that the court costs were already drawn from the corporate contingency account, funds for the remaining legal costs also be drawn from contingency; and

(3)the City Solicitor be authorized to make the necessary application for special legislation to enable the City to pay these recount costs despite the provisions of the Municipal Elections Act.

The Committee reports, for the information of Council, of having requested the City Clerk to record into the minutes of the December 15, 1998 meeting of the Strategic Polices and Priorities Committee, paragraphs 13 and 14 of the judgement of the Court of Appeal respecting Montgomery v. Balkissoon et al.

The Strategic Policies and Priorities Committee submits the following report (December9,1998) from the City Clerk:

City Council, at its meeting held on November 25, 26 and 27, 1998, had before it Clause No. 10 of Report No. 24 of the Strategic Policies and Priorities Committee, headed "Other Items Considered by the Committee".

Council directed that:

(a)the following Item (c), embodied in the aforementioned Clause, be struck out and referred back to the Strategic Policies and Priorities Committee for further consideration:

"(c)Extending the Termite Control Program Across the City of Toronto

The Strategic Policies and Priorities Committee reports having received the report (November 6, 1998) from the Commissioner of Community and Neighbourhood Services for information.

(November 6, 1998) from the Commissioner of Community and Neighbourhood Services responding to Council's request of July 29, 30 and 31, 1998 to report to the Strategic Policies and Priorities Committee on extending former City of Toronto Termite Grants to all of the former municipalities in 1998, and recommending that the foregoing report be received for information."; and

(b)the following Item (d), embodied in the aforementioned Clause, together with the additional documentation submitted by Councillor Berardinetti, be struck out and referred back to the Strategic Policies and Priorities Committee for further consideration and report thereon to Council for its next regular meeting to be held on December 16, 1998:

"(d)Court Ordered Recount in Scarborough Malvern - Ward 18

The Strategic Policies and Priorities Committee reports having received the report (November 12, 1998) from the City Solicitor and requested that the previously requested report from the City Clerk and the City Solicitor be expedited, and that this report also include suggested amendments to the Municipal Elections Act, which would provide, in appropriate circumstances, for reimbursement of costs to candidates involved in election recounts.

(November 12, 1998) from the City Solicitor forwarding a report responding to City Council's direction that the City Solicitor report on the fee requested by Mr. Ayres to prepare a report requested by City Council respecting the above-noted election recount and recommendations to amend the Municipal Elections Act, 1996, and recommending that the foregoing report be received for information."

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(A copy of the communication dated November 23, 1998, from Councillor Berardinetti which was forwarded to all Members of Council with the agenda of the Strategic Policies and Priorities Committee for its meeting on December 15, 1998, and a copy thereof is on file in the office of the City Clerk.)