Business Meeting No. 26

Meeting Date:  Tuesday, February 25, 2020
Time:  9:30 a.m.
Email:  tlab@toronto.ca
Location:  York Civic Centre 2700 Eglinton Ave W, Toronto, ON M6M 1V1
Room: Council Chambers
Chair: Ian Lord

Contact: Angela Bepple
Phone: 416-392-4697

Toronto Local Appeal Body Panel Members

Ian Lord (Chair)
Ana Bassios
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 December 10, 2019

Declaration of Interest under the Municipal Conflict of Interest Act

 

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

Memo Regarding Expert Witnesses – Member Yao

Ontario (Ministry of Municipal Affairs and Housing) v. Ontario (Municipal Board)(Westlaw)

Toronto Local Appeal Body – Chair’s Update

Summary

The Chair of the Toronto Local Appeal Body will provide an update to members on the following topics:

  • Update on remuneration communications: T2200; decision writing; travel disbursements;
  • Compensation discussions on multiple file days, ‘scheduled electronic hearings’ and formal File dispositions involving instructions to Staff v. Written and issued Decisions and Orders.
  • Consideration of Councillor contact – Integrity Commissioner. Staff Direction and posting.
  • Update on Annual Report and request for particulars by March 1.
  • Update on Review Requests distribution.

Toronto Local Appeal Body – Supervisor’s Staff Report

Summary

Court Services Supervisor to provide an update on administrative matters to the Panel, including yearend 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

The Supervisor will also include updates on the following topics:

  • Security requirements for Public entrance into secured areas and attendance after regular business hours;
  • Update on staff responses to inquiries as to the timing of the delivery of a Member’s decision within 2 months after the final close of the hearing;
  • Update on the Application Information Centre and the online TLAB case file;
  • Update on Videos;
  • Update on presentations from Urban Forestry and Community Planning

 

Supporting Documents

 

Toronto Local Appeal Body – Draft proposed changes to Notice of Hearing

 

Summary

The Toronto Local Appeal Body directed staff to update TLAB’s Notice of Hearing to include wording regarding mediation.  Additional wording will be considered reminding Parties and Participants of their responsibility to repeatedly check the TLAB website for filings.

 

Supporting Documents

Draft Notice of Hearing

Toronto Local Appeal Body – Revisions to Public Guide

 

Summary

The Toronto Local Appeal Body will consider additions to the Public Guide to include wording on Site Visits, at the request of the Ombudsman’s office.

 

Supporting Documents

Draft Public Guide Additions

Toronto Local Appeal Body – LPAT Remuneration

Summary

The Toronto Local Appeal Body to receive information on LPAT reimbursement, including for decision writing.

 

Supporting Documents

Schedule B of the Agencies and Appointments Directive

Toronto Local Appeal Body – Technical revisions to Rule 31.22 of TLAB’s Rules of Practice and Procedure

 

Summary

 

A period of practice has identified an issue with the timeline for service of Replies to Response to Notice of Review under Rule 31.22 in the Rules of Practice and Procedure adopted May 6, 2019.

 

Supporting Documents

 

Draft Technical Revision to Rule 31.22 – Reply to Notice of Response to Review

Toronto Local Appeal Body – Draft Evaluation

Summary

The Toronto Local Appeal Body will consider creating an evaluation form for hearings.

Support Documents

Draft evaluation form

Toronto Local Appeal Body – Legal Advice from Counsel

Summary

The Toronto Local Appeal Body will go into closed session to receive legal advice from Counsel regarding the following topics:

The use of transcripts in other hearings;

Expert Witness qualifications;

The scope of the Review power to order a new Hearing

 

(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 – Confirmation of Revised final wording of Practice Direction # 1 – Standard Consent Conditions

 

Summary

The Toronto Local Appeal Body will review final revisions to Practice Direction # 1, adopted December 10, 2019 subject to Counsel review and feedback.

 

Supporting Documents

Revised Practice Direction 1 – Standard Consent Conditions