Notice of Motion introduced at the January 31, 2022 Council meeting,
moved by Councillor O'Meara, seconded by Councillor Duddeck.
WHEREAS municipal governments provide essential services to the residents and businesses in their communities;
WHEREAS the ability to provide those services is negatively impacted by exponentially rising insurance costs;
WHEREAS one driver of rising insurance costs is the legal principle of ‘joint and several liability,’ which assigns disproportionate liability to municipalities for an incident relative to their responsibility for it;
WHEREAS the Government of Ontario has the authority and responsibility for the legal framework of ‘joint and several liability;
WHEREAS the Premier of Ontario committed to review the issue in 2018 with a view to helping municipal governments manage their risks and costs; and
WHEREAS the Association of Municipalities of Ontario on behalf of municipal governments has provided recommendations in this source document to align municipal liability with the proportionate responsibility for incidents and capping awards;
THEREFORE BE IT RESOLVED, That the Town of Oakville does hereby support AMO’s recommendations;
BE IT FURTHER RESOLVED, That the Town of Oakville does hereby call on the Attorney General of Ontario to work with municipal governments to put forward a plan of action to address “joint and several liability” before the end of the government’s current term so that municipalities can continue to offer high quality services to their communities; and
AND THAT a copy of this resolution be sent to the Federation of Canadian Municipalities, the Association of Municipalities of Ontario, the Region of Halton, City of Burlington, Town of Milton, Town of Halton Hills, local Members of Parliament and Members of Provincial Parliament.