On December 9, 2009, Motion MM42.3 was before council. This resolution asked the City to re-imburse Councillor Heaps' legal bill with respect to his defence of a defamation lawsuit. At issue in the lawsuit was the distribution of material made by Heaps during the 2006 election.
The City's lawyer advised council that re-imbursements for this type of expense could be vulnerable to court challenge.
Below is a list of Councillors who voted in favour of the Motion thereby agreeing to reimburse Councillor Heaps in excess of $65,000.
As a result of this vote, the Toronto Party for a Better City commenced a legal proceeding to quash the vote.
IN FAVOUR
| Brian Ashton | Ron Moeser |
| Shelly Carroll | Howard Moscoe |
| Raymond Cho |
Cesar Palacio |
| Glenn De Baeremaeker | Joe Pantalone |
| Paula Fletcher | John Parker |
| Adam Giambrone | Gord Perks |
| Mark Grimes | Anthony Perruzza |
| Cliff Jenkins | Karen Stintz |
| Gloria Lindsay Luby | Adam Vaughan |
| Pam McConnell | Michael Walker |
| Joe Mihevc |