Chiarelli-Cullen Motion on Cost Claims against Community Groups

Introduced at Council on November 28, referred to Corporate Services and Economic Development Committee for its meeting of January 6.

WHEREAS residents, community groups and resident organizations contribute significantly to public policy development at the City by offering advice and by putting aspects of Council decisions to the test;

AND WHEREAS community and resident public interest organizations contribute to the community agenda in a range of subject areas from the environment to accessibility to business issues to health protection to development issues;

AND WHEREAS this contribution is valuable to the community irrespective of whether the opinion advocated is ultimately shared by the majority of Council;

AND WHEREAS Council wishes to encourage participation in and by such community and resident public interest organizations and, in fact, gives out awards every year to members of the community for their participation in such activities;

AND WHEREAS occasionally, disputes and disagreements over matters of principle require decisions by third party tribunals, some of which are established specifically to deal with that very kind of dispute;

AND WHEREAS many such tribunals and boards exist to invite participation by individuals, residents and community public interest organizations;

AND WHEREAS it is important to guard City tax dollars against claims and legal proceedings that are frivolous, vexatious or of oblique motive;

AND WHEREAS in instances where the City’s position is upheld in hearings, legal and/or other proceedings in front of tribunals, the City operates under a set of unclear practices with respect to whether the City will apply to tribunals to have cost awards charged against the community and resident public interest groups to be paid over to the City;

AND WHEREAS a practice of seeking cost awards could serve as a deterrent to residents considering participating in such organizations or as individuals in the same democratic processes;

AND WHEREAS the City’s Public Consultation policy includes the following provision for periodically refreshing that policy: Facilitating & Building Capacity for a Collaborative Community – Strengthening links between the City and the community on public participation initiatives and building capacity in the community for citizen engagement on issues that affect them through a corporate Public Participation Community of Practice.

BE IT RESOLVED THAT Council clarify its policy on seeking cost awards after successfully defending its positions against community and resident public interest groups;

AND THAT the clarification be structured such that, in such disputes in front of tribunals, the City will not seek cost awards from community or resident public interest groups unless the presiding judge or tribunal or Chair of proceedings indicates that the case advanced by the community or resident public interest group is either frivolous, vexatious or of oblique motive.