Business Meeting No. 25

Meeting Date:  Tuesday, December 10, 2019
Time:  9:30 a.m.
Email:  tlab@toronto.ca
Location:  North York Civic Centre, 5100 Yonge Street, Toronto, Ontario  M2N 5V7
Room: Council Chambers
Chair: Ian Lord

Contact: Angela Bepple
Phone: 416-392-4697

Toronto Local Appeal Body Panel Members

Ian Lord (Chair)
Sabnavis Gopikrishna
Sean Karmali
Justin Leung
Dino Lombardi (Vice Chair)
Stanley Makuch
Shaheynoor Talukder
John Tassiopoulos
Ted Yao

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 tribunalaccess@toronto.ca.

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 tlab@toronto.ca. 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 tlab@toronto.ca.  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 – August 23, 2019

Declaration of Interest under the Municipal Conflict of Interest Act

 

Toronto Local Appeal Body – Complaint Protocol

Summary

The Toronto Local Appeal Body deferred this item from a prior meeting in order to discuss the draft complaints protocol with the Ombudsman’s office.  Staff will provide an update on that meeting, and the changes to the website and Public Guide arising from it.

 

Supporting Documents

Toronto Local Appeal Body Website Update

Toronto Local Appeal Body – Members Discussion Session

Summary

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)

Supporting Documentation

August 22 2019 – Identification of post May 6, 2019 appeal files PDF

 

Toronto Local Appeal Body – Closed session to discuss matters and receive legal advice that is subject to solicitor-client privilege.

Summary

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:

  • 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 ability of TLAB to initiate a Review of and by its own initiative;
  • The circulation of media reports to members.

 

(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

Summary

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

Summary

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, and a Rule Revision for consideration of the TLAB’s Own ability to initiate a review.

 

Supporting Documents

Report from Duxbury Law – Proposed Changes to Rule 31.10 of the TLAB’s Rules of Practice and Procedure  PDF

Toronto Local Appeal Body – Final Decisions on hold pending final submissions from Parties

 

Summary

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.

 

Supporting Documents

August 13 2019 – Proposed Follow up Communication PDF

Toronto Local Appeal Body – Chair’s Update

Summary

Toronto Local Appeal Body Chair, Ian Lord, to provide opening remarks and provide the Panel with an update on Tribunal matters.

 

Toronto Local Appeal Body – Supervisor’s Staff Report

Summary

Court Services Supervisor 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

An update will also be provided on the status of home office expenses, evaluation options for hearing attendees, and training options on matters of inclusivity and diversity.  A review of fire and emergency service responses and facility exits at 40 Orchard View Boulevard will also be provided.

 

Supporting Documents

December 2019 – Administrative Update

Toronto Local Appeal Body – Public Guide Amendments

Summary

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, and a section on complaints.

 

Supporting Documents

Proposed amendments to the Toronto Local Appeal Body’s Public Guide  – Review Requests and Leave to Appeal applications

Proposed amendments to the Toronto Local Appeal Body’s Public Guide – Complaints

Toronto Local Appeal Body – Standard Consent Conditions

Summary

The Toronto Local Appeal Body will consider the wording of the standard conditions applied to approvals for consent appeals to TLAB.

Supporting Documents

Standard Consent Conditions – FINAL – October 2019

Toronto Local Appeal Body – TLAB Support Centre

Summary

The Toronto Local Appeal Body will consider the decision report and decision of the Planning and Housing Committee of September 17, 2019, “Feasibility of Implementing a Support Centre for Committee of Adjustment and Toronto Local Appeal Body Matters”

 

Supporting Documents

Planning and  Housing Committee item PH8.5 – Feasibility of Implementing a Support Centre for Committee of Adjustment and Toronto Local Appeal Body Matters

Report from the Director, Court Services on Feaibility of Implementing a Support Centre for Committee of Adjustment and Toronto Local Appeal Body Matters

Toronto Local Appeal Body – Land Acknowledgement Reading

Summary

The Toronto Local Appeal Body will receive advice on the application of the Aboriginal Land Acknowledgement to hearings and business meetings.

 

Supporting Documents

City Council Decision EX34.20 – May 22, 2018

Toronto Local Appeal Body – Appeal Withdrawal

Summary

The Toronto Local Appeal Body will consider the process for confirming that an appeal has been withdrawn at TLAB.

Supporting Document

[DRAFT] Template for Appeal Withdrawal

Toronto Local Appeal Body – Appeal Notice and Rescheduled Appointments in Applicant Only (Sole Party) Appeals

Summary

The Toronto Local Appeal Body will discuss the process for adjourning Sole Party hearings under Rule 17.2

Toronto Local Appeal Body – Vice Chair Debrief on OPPI Conference

Summary

The Toronto Local Appeal Body will receive an update from Vice Chair Dino Lombardi regarding his presentation at the Ontario Professional Planners Institute Conference.

 

Toronto Local Appeal Body – Draft Practice Direction 6: Expert Witnesses

Summary

The Toronto Local Appeal Body will consider the adoption of a new Practice Direction regarding the responsibilities of Expert Witnesses to the TLAB.

Support Documents

Draft Practice Direction on Expert Witnesses

Toronto Local Appeal Body – Closed Session

Summary

The Toronto Local Appeal Body will go into closed session to receive advice that is subject to solicitor client privilege.  The advice pertains to the impact of circulating media reports to members of the TLAB, arising out of discussion during the August 23, 2019 Public Business Meeting.

(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 – Election of Vice Chair

Summary

The Toronto Local Appeal Body will consider candidates and elect a Vice Chair for 2020.  Appendix A to the Procedural Bylaw passed by TLAB will govern the election of the Vice Chair.

Supporting Documents

Procedure By-law 1-2017 To govern the meetings of the Toronto Local Appeal Body – Appendix A

Toronto Local Appeal Body – Public Meeting Dates 2020

Summary

The Toronto Local Appeal Body will set the dates of their 2020 Public Business Meetings, and consider communication on Striking Committee item 3.1 regarding the 2020 Schedule of Meetings for agencies, corporations and special purpose bodies.

 

Supporting Documents

2020 – Proposed Business Meeting Schedule

Direction to Agencies, Boards and Commissions – 2020 Schedule of Meetings [Correspondence]