From the city staff report
This report is about litigation or potential litigation that affects the City and contains advice or communications that are subject to solicitor-client privilege. (which the city redacted)
This report has been prepared for submission directly to City Council as requested by Council at its meeting of May 25, 26 and 27, 2009 to provide Council with information respecting the status of the formal noise/vibration complaint made by the West Toronto Diamond Residents Group to the Canadian Transportation Agency (“CTA”) and recommendations as to the City’s possible involvement in the process to support the local residents’ concerns.
Legal Services staff has been advised by CTA representatives that this is the first time that a complaint respecting an “urban transit authority” such as Metrolinx (formerly GO Transit) has been considered under the Canada Transportation Act process.
The City Solicitor recommends that City Council:
1. Authorize the City Solicitor to prepare submissions for the City of Toronto in the proceeding before the Canadian Transportation Agency (“CTA”) to consider the complaint (included as Attachment 2 to this report) made by the West Toronto
Diamond Community Group with respect to the noise and vibration caused by the rail-to-rail West Toronto Diamond grade separation project currently being undertaken by Metrolinx (formerly GO Transit).
2. Direct that the City Solicitor and other City staff, as directed by the City Manager, consult with the local residents in the preparation of submissions to the CTA.
3. Consider and receive Confidential Attachment 1 for information, and that the contents of Confidential Attachment 1 not be made public to avoid prejudicing the City and the residents’ case before the Canadian Transportation Agency.
