Response to Application for Leave to Appeal and Conditional Application for Leave to Cross-Appeal of the Respondent, Attorney General of Ontario
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Court File No: 38921 IN THE SUPREME COURT OF CANADA (ON APPLICATION FOR LEAVE TO APPEAL FROM THE COURT OF APPEAL FOR ONTARIO) BETWEEN: CITY OF TORONTO Applicant (Respondent) and ATTORNEY GENERAL OF ONTARIO Respondent (Appellant) and TORONTO DISTRICT SCHOOL BOARD Intervener (Intervener) RESPONSE TO APPLICATION FOR LEAVE TO APPEAL AND CONDITIONAL APPLICATION FOR LEAVE TO CROSS-APPEAL OF THE RESPONDENT, ATTORNEY GENERAL OF ONTARIO ATTORNEY GENERAL OF ONTARIO POWERLAW Constitutional Law Branch 130 Albert Street, Suite 1103 McMurtry-Scott Building Ottawa, ON KIP 5G4 720 Bay Street, 4th Floor Toronto, ON M7 A 2S9 Fax: 416-326-4015 Robin K Basu (LSO# 32742K) Maxine Vincelette Tel: 416-995-5249 Tel: 613-702-5573 Email: [email protected] Email: [email protected] Yashoda Ranganathan (LSO# 57236E) Tel: 647-637-0883 Email: [email protected] Aud Ranalli (LSO# 72362U) Tel: 416-73 8-2840 Email: [email protected] Of Counsel for the Respondent (Appellant), Agent for the Respondent (Appellant), The Attorney General of Ontario The Attorney General of Ontario THE CITY OF TORONTO BORDEN LADNER GERVAIS City of Toronto, Legal Services, World Exchange Plaza Metro Hall, 55 John Street, 26th Floor 1300-100 Queen Street Toronto, Ontario M5V 3C6 Ottawa, ON KlP 1J9 Fax: (416) 397-5624 Karen Perron Diana W. Dimmer Tel: 613-369-4795 Tel: 416-392-7229 Fax: 613-230-8842 Email: [email protected] Email: [email protected] Ottawa Agent for the Applicant Glenn K.L. Chu Tel: 416-392-7224 Email: [email protected] Fred Fischer Tel: 416-397-5407 Email: [email protected] Philip K. Chan Tel: 416-392-1650 Email: [email protected] Counsel for the Applicant (Respondent), The City of Toronto AND TO: TORONTO DISTRICT SCHOOL BOARD LEGAL SERVICES 5050 Yonge Street, 5th Floor Toronto, ON M2N 5N8 PaulKoven Tel: 416-397-3565 Email: [email protected] Counsel for the Intervener (Intervener) i INDEX TAB DOCUMENT PAGE 1 Memorandum of Argument of the Respondent, Attorney General of Ontario 2 dated January 16, 2020 - Response to Application for Leave to Appeal 2 Notice of Conditional Application for Leave to Cross-Appeal of the 56 Respondent, Attorney General of Ontario, dated January 16, 2020 3 Memorandum of Argument of the Respondent, Attorney General of Ontario 64 dated January 16, 2020 - Conditional Application for Leave to Cross-Appeal Documents in Support of the Response to Application for Leave to Appeal 4 Legislative Assembly of Ontario, Hansard, August 2, 2018 (Excerpt from the 92 Joint Appeal Book, Vol. 5, Tab 50, pp 352, 355-56) 5 Factum of the Respondent, the City of Toronto, filed at the Court of Appeal 98 for Ontario in proceeding C65861, dated May 6, 2019 at p 30 (Excerpt) 6 Affidavit of Andrew Sancton, sworn October 30, 2018 (Excerpt; Exhibits 104 excluded) (From the Fresh Evidence Motion Record, Vol. 3, Tab 4, pp 1517- 1557, 1565) 7 Affidavit of Anthony Fowler, sworn October 30, 2018 (Excerpts; Exhibits 188 excluded) (From the Fresh Evidence Motion Record, Vol. 1, Tab 3, pp 266- 68, 283) 8 Cross-examination of Giuliana Carbone on her Affidavit sworn August 22, 196 2018 and her Affidavit sworn December 3, 2018, held March 5, 2019 (Excerpts) (From the Supp Fresh Evidence Motion Record, Vol. 1, Tab 1A and B, pp 9, 18-19, 39-40, 50-56, 76-77, 81-82, 91, 192-94) 9 Cross-examination of Gary Davidson on his Affidavit affirmed August 27, 234 2018, held March 11, 2019 (Excerpts) (From the Supp Fresh Evidence ii Motion Record, Vol. 1, Tab 3A, pp 414-15, 419-23, 426, 431, 434, 449, 450, 451, 458, 461, 464, 467-70, 472-76) 10 Cross-examination of Mariana Valverde on her Affidavit sworn August 20, 284 2018, held March 7, 2019 (Excerpts) (From the Supp Fresh Evidence Motion Record, Vol. 3, Tab 12A, pp 1802, 1821-22, 1855, 1859-61, 1864-66, 1870, 1888-89, 1894-1900, 1912-15, 1932, 1962, 1966-70) A. Exhibit 1 to the Cross-Examination of Mariana Valverde: “City 348 Bureaucrats and Village Elders: The Dysfunctional Dance of Local Governance” in Everyday Law on the Streets by Mariana Valverde (From the Supp Fresh Evidence Motion Record, Vol. 3, Tab 12A1) 11 Cross-examination of Myer Siemiatycki on his Affidavit sworn August 21, 382 2018, held March 8, 2019 (Excerpts) (From the Supp Fresh Evidence Motion Record, Vol. 3, Tab 11A, pp 1647, 1649-57, 1660-62, 1664-69, 1711) 12 Cross-examination of Lily Cheng on her Affidavit affirmed August 21, 2018, 404 held February 13, 2019 (Excerpts) (From the Supp Fresh Evidence Motion Record, Vol. 1, Tab 2A and B, pp 306-07, 359-60, 363, 373, 380-81) 13 Cross-examination of Chiara Padovani on her Affidavit sworn August 21, 420 2018, held March 1, 2019 (Excerpts) (From the Supp Fresh Evidence Motion Record, Vol. 3, Tab 10B, pp 1520-22, 1534, 1543, 1548-49, 1551) 14 Cross-examination of Chris Moise on his Affidavit sworn August 20, 2018, 438 held February 14, 2019 (Excerpts) (From the Supp Fresh Evidence Motion Record, Vol. 2, Tab 8B, pp 819-20) 15 Cross-examination of Dyanoosh Youssefi on her Affidavit affirmed August 442 22, 2018, held March 5, 2019 (Excerpts) (From the Supp Fresh Evidence Motion Record, Vol. 4, Tab 14B, pp 2119-22, 2146) 16 Cross-examination of Jennifer Hollett on her Affidavit affirmed August 21, 452 2018, held February 13, 2019 (Excerpts) (From the Supp Fresh Evidence Motion Record, Vol. 1, Tab 5A and B, pp 587-88, 621) 17 Cross-examination of Megann Willson on her Affidavit sworn August 21, 462 2018, held February 12, 2019 (Excerpts) (From the Supp Fresh Evidence iii Motion Record, Vol. 4, Tab 13B, pp 2023-25, 2032, 2041) 18 Cross-examination of Susan Dexter on her Affidavit sworn August 21, 2018, 470 held February 11, 2019 (Excerpts) (From the Supp Fresh Evidence Motion Record, Vol. 1, Tab 4A, pp 500-01). A. Exhibit 3 to the Cross-Examination of Susan Dexter: City of Toronto 474 By-Law 598-2018 (From the Supp Fresh Evidence Motion Record, Vol. 1, Tab 4A3) 19 Members of the Resource Task Force, Municipal Government in a New 476 Canadian Federal System: Report of the Resource Task Force on Constitutional Reform – Federation of Canadian Municipalities – Ottawa (1980) (Excerpt, pp 123, 126) 20 Affidavit of Aleksei Ponomarev, affirmed January 14, 2020 482 A. Exhibit A: Toronto City Manager, “Report for action” (October 15, 488 2019), online: City of Toronto https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile- 138688.pdf (Excerpt, pp 1-4) 21 Ontario Ministry of Transportation, News Bulletin, “Joint Statement by 496 Ministers of Transportation on the Province’s GTA Transit Plan” (29 October 2019), online: Queen’s Printer for Ontario < https://news.ontario.ca/mto/en/2019/10/statement-by-minister-of- transportation-on-the-provinces-gta-transit-plan.html> (Excerpt) 22 Ontario Ministry of Municipal Affairs and Housing, News Bulletin, 500 “Governments of Canada and Ontario Sign Canada’s First Housing Benefit” (19 December 2019), online: Queen’s Printer for Ontario < https://news.ontario.ca/mma/en/2019/12/governments-of-canada-and- ontario-sign-canadas-first-housing-benefit.html> 23 Ontario Ministry of Municipal Affairs and Housing, News Bulletin, “Ontario 508 Investing in Supportive Housing in Toronto” (24 October 2019), online: Queen’s Printer for Ontario <https://news.ontario.ca/mma/en/2019/10/ontario-investing-in-supportive- housing-in-toronto.html> iv Additional Documents in Support of the Conditional Application for Leave to Cross-Appeal 24 Affidavit of Josh Hunter, sworn October 31, 2018 (Exhibits excluded) (from 514 the Fresh Evidence Motion Record, Vol. 1, Tab 2) 25 Letter from Counsel for Ontario to Justice Belobaba, dated August 24, 2018 560 (Enclosures excluded) (from the Joint Appeal Book, Vol. 1, Tab 21) 26 Affidavit of Adam Kanji, affirmed August 27, 2018 (Exhibits excluded) (from 568 the Joint Appeal Book, Vol. 5, Tab 47) 27 Notice of Application of the City of Toronto dated August 22, 2018 (Excerpt) 576 (From the Joint Appeal Book, Vol. 1, Tab 17, pp 2423-2426) -1- -2- Court File No: 38921 IN THE SUPREME COURT OF CANADA (ON APPLICATION FOR LEAVE TO APPEAL FROM THE COURT OF APPEAL FOR ONTARIO) BETWEEN: CITY OF TORONTO Applicant (Respondent) and ATTORNEY GENERAL OF ONTARIO Respondent (Appellant) and TORONTO DISTRICT SCHOOL BOARD Intervener (Intervener) MEMORANDUM OF ARGUMENT OF THE RESPONDENT, ATTORNEY GENERAL OF ONTARIO (Response to Application for Leave to Appeal) (Rules 27 and 29 of the Rules of the Supreme Court of Canada) ATTORNEY GENERAL OF ONTARIO POWER LAW Constitutional Law Branch 130 Albert Street, Suite 1103 McMurtry-Scott Building Ottawa, ON K1P 5G4 720 Bay Street, 4th Floor Toronto, ON M7A 2S9 Fax: 416-326-4015 Robin K Basu (LSO# 32742K) Maxine Vincelette Tel: 416-995-5249 Tel: 613-702-5573 Email: [email protected] Email: [email protected] Yashoda Ranganathan (LSO# 57236E) Tel: 647-637-0883 Email: [email protected] Aud Ranalli (LSO# 72362U) Tel: 416-738-2840 Email: [email protected] Of Counsel for the Respondent (Appellant), Agent for the Respondent (Appellant), The Attorney General of Ontario The Attorney General of Ontario ----3- -4- THE CITY OF TORONTO BORDEN LADNER GERVAIS City of Toronto, Legal Services, World Exchange Plaza Metro Hall, 55 John Street, 26th Floor 1300-100 Queen Street Toronto, Ontario M5V 3C6 Ottawa, ON K1P 1J9 Fax: (416) 397-5624 Karen Perron Diana W. Dimmer Tel: 613-369-4795 Tel: 416-392-7229 Fax: 613-230-8842 Email: [email protected] Email: [email protected] Ottawa Agent for the Applicant Glenn K.L.