Agenda: August 23, 2019
Business Meeting No. 24
Meeting Date: Friday, August 23, 2019
Time: 9:30 a.m.
Location: Toronto City Hall, 100 Queen Street West, Toronto, Ontario M5H 2N2
Room: Committee Room #1
Chair: Ian Lord
Contact: Hsing Yi Chao
Toronto Local Appeal Body Panel Members
Members of the Toronto Local Appeal Body and Staff: Please keep this agenda and the accompanying material until the Panel Meeting dealing with these matters have ended.
Special assistance for members of the public: Toronto Local Appeal Body staff can arrange for special assistance with some advance notice. If you need special assistance, please call 416-392-4697, or email firstname.lastname@example.org.
Closed Meeting Requirements: If the Toronto Local Appeal Body wants to meet in closed session (privately), a member of the panel must make a motion to do so and give the reason why the Toronto Local Appeal Body has to meet privately.
Public Deputations by Oral Presentation: A notice of intention to make a public deputation by oral presentation on a Business Meeting agenda item must be registered with the Secretary at least one (1) business day prior to the meeting by 12 p.m. (noon). Email requests can be submitted to email@example.com. The date of the TLAB Business Meeting and the agenda item to be spoken to must be indicated in the subject line of the email. (Toronto Local Appeal Body By-law No.1-2017, Section 16(2))
Public Deputations by Written Submissions: Public deputations by written submission must be registered with the Toronto Local Appeal Body at least five (5) business days prior to the Business Meeting by 4:30 p.m. Written submissions can be submitted by email to firstname.lastname@example.org. The date of the TLAB Business Meeting and the agenda item to be spoken to must be indicated in the subject line of the email. (Toronto Local Appeal Body By-law No.1-2017, Section 18(2))
Notice to People Writing to the Toronto Local Appeal Body: The City of Toronto Act, 2006 and the City of Toronto Municipal Code authorize the City of Toronto to collect any personal information in your communication or presentation to City Council or its committees.
The Toronto Local Appeal Body collects this information to enable it to make informed decisions on the relevant issue(s). If you are submitting letters, faxes, emails, presentations or other communications to the Toronto Local Appeal Body, you should be aware that your name and the fact that you communicated with the Toronto Local Appeal Body will become part of the public record and will appear on the Toronto Local Appeal Body’s website. The Toronto Local Appeal Body will also make your communication and any personal information in it – such as your postal address, telephone number or email address – available to the public, unless you expressly request the Toronto Local Appeal Body to remove it.
This agenda and any supplementary materials submitted to the Toronto Local Appeal Body can be found online. Visit the web page for access to all agendas, decisions and minutes of the Toronto Local Appeal Body.
Aboriginal Land Acknowledgement
We acknowledge the land we are meeting on is the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. We also acknowledge that Toronto is covered by Treaty 13 with the Mississaugas of the Credit.
Confirmation of Minutes – May 17, 2019
Declaration of Interest under the Municipal Conflict of Interest Act
Toronto Local Appeal Body – Orientation / Refresher Sessions
The Toronto Local Appeal Body Panel Member will receive a refresher/Orientation session from the following City of Toronto Divisions:
- Integrity Commissioner
- City Manager’s Office
- Appointment Office
- City Legal
- City Clerk
- Court Services
August 23 2019 – Integrity Commissioner
August 23 2019 – City Manager’s Office
August 23 2019 – Public Appointment’s Office
August 23 2019 – City Clerk’s Office
July 17, 2019 – Court Services
Toronto Local Appeal Body – Chair’s Update
Toronto Local Appeal Body Chair, Ian Lord, to provide opening remarks and provide the Panel with an update on home office expense requests, and Tribunal business including discussion on Long Branch News article and term appointment renewals, and succession planning.
July 31, 2019 – Toronto Star News Article
Toronto Local Appeal Body – Supervisor Staff Report
Court Services Supervisor, Hsing Yi Chao, to provide an update on administrative matters to the Panel, including year end statistics pertaining to:
- Number of TLAB Appeals received to date
- Number of TLAB Hearings scheduled to date
- Average number of days to dispense of matter
August 2019 – Administrative Update
August 19 2019 – Correspondence – Chan, Christian
Toronto Local Appeal Body – Public Guide Additions
The Toronto Local Appeal Body Panel Members to review and consider the addition of an informational section on Review Requests and Leave to Appeal applications to the Toronto Local Appeal Body’s Public Guide.
Toronto Local Appeal Body – Memo and Minutes on discussions with Director, Chief Building Official
Officers of the Chief Building Official have made several observations on the processes and clarity of expression and implementation of conditions attendant TLAB Decisions, for the information of the Members, as summarized in the referenced materials. This pertains to
- Enforceability of Conditions by OBC or MLS
- Any other variances required by the Plans are not authorized
- Motion: Standard Consent Conditions, TLAB Practice Direction #1.
Toronto Local Appeal Body – Complaint Protocol
It is important and an expectation of the City that the Toronto Local Appeal Body have a public complaints protocol.
Toronto Local Appeal Body – Members Discussion Session
This is an opportunity to raise matters of interest arising from the Hearing process or matters of general interest. Topics include the following:
- A) Commentaries on the Hearing Process: self evaluation; encouragement of settlement discussions (Member Makuch; Member Gopikrishna;
- B) Consistency in Decision Making (Member Lord)
- C) Administrative Dismissal of Applicants Outstanding Undertakings, with Notice (Member Lord)
- C) Admissibility: OPA 320; Growth Plan (Member Gopikrishna)
- D) Identification of post May 6, 2019 appeal files (Supervisor)
August 22 2019 – Identification of post May 6, 2019 appeal files
Toronto Local Appeal Body – Closed session to discuss matters and receive legal advice that is subject to solicitor-client privilege.
The Toronto Local Appeal Body will go into closed session to discuss matters and receive legal advice that is subject to solicitor-client privilege on the following items:
- Subsection 53(41) of the Planning Act and the Ability of the TLAB to Extend the One Year Limitation Period;
- Information on recusal motions provided by legal counsel;
- The ability of the TLAB to provide Directions on the Completeness of Applications; and
- The ability of the TLAB to prohibit Second Review Requests.
(The Toronto Local Appeal Body will go in closed session to discuss this item as the City of Toronto Act, 2006 permits closing a meeting to receive advice that is subject to solicitor-client privilege.)
Toronto Local Appeal Body – Memo on Bias
This a refresher/reminder on the subject of recusal motions, brought forward on request.
Toronto Local Appeal Body – Proposed Changes to Rule 31.10 of TLAB’s Rules of Practice and Procedure
The Toronto Local Appeal Body to consider and review an amendment to Rule 31.10 of the Toronto Local Appeal Body’s Rules of Practice and Procedure. For consideration is a Rule revision to preclude further reviews under any circumstances in respect of the same property where a Review Decision has been issued.
Toronto Local Appeal Body – Final Decisions on hold pending final submissions from Parties
The Toronto Local Appeal Body Panel to discuss and provide direction to Members or staff on a protocol, including Member or administrative dismissal, for concluded hearings awaiting ﬁnal but long delayed submissions from Parties.