OTTAWA CITY COUNCIL
25 February 2009
ANDREW S. HAYDON HALL
10:00 a.m.

DISPOSITION 61

CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 37

MOTION – POLICY ON SEEKING COST AWARDS

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council confirm its policy on seeking cost awards after successfully defending its positions against community and resident public interest groups such that the City will not seek cost awards from community or resident groups before administrative tribunals and courts unless the case advanced by the community or resident group can reasonably be considered either frivolous, vexatious, in bad faith or an abuse of process under all of the circumstances of the case, subject to concurrence by CSEDC; and

That community or resident groups that challenge the City in court also be asked, as part of the litigation, to confirm that they will similarly not seek costs against the City unless the City has breached any of the above noted factors

CARRIED as amended by the following Motion:

MOTION

by Councillor C. Doucet
Seconded by Councillor A. Cullen

BE IT RESOLVED THAT Corporate Services and Economic Development Committee Report 37, Item 1 be amended by including “ or an individual who is a public interest litigant” after the words “community or resident groups” wherever they appear in the Committee Recommendation.

CARRIED