Meeting Date: Friday, January 26, 2018
Time: 9:30 a.m.
Email: tlab@toronto.ca
Location: York Civic Centre, 2700 Eglinton Ave. W., Toronto, ON M6M 1V1
Room: Council Chamber
Chair: Ian Lord
Contact: Hsing Yi Chao
Phone: 416-392-4697
• Declaration of Interest under the Municipal Conflict of Interest Act
None declared
• Confirmation of Minutes – December 13, 2017
Motion to adopt Minutes from December 13, 2017 moved by Panel Member S. Makuch, seconded by Panel Member L. McPherson. (Carried)
TLAB 11.1 INFORMATION RECEIVED
Panel Decision
The Toronto Local Appeal Body Panel discussed the Memorandum issued by Ian Lord, Chair, and agreed to the following course of action.
In instances where any of the following is demonstrated by a Member:
1) Inordinate delay, i.e. greater than two (2) months has elapsed since the close of the Hearing and one or more decisions have not been rendered; or
2) A Member has outstanding six (6) or more decisions; or
3) There is a refusal, direct or indirect by action or inaction, to address the timely delivery of decisions without reasonable explanation or excuse.
The Toronto Local Appeal Body adopted the following course of action:
1) Offending Member to meet with TLAB Chair
2) Request the offending Member to attend, in camera, at a business meeting of the Toronto Local Appeal Body to explain the circumstances
3) Require the Supervisor to suspend or cancel scheduling of subsequent appointments until the back of the Member is cleared
4) Any other action deemed appropriate by the Chair, Toronto Local Appeal Body.
Decision Advice and Other Information
Former Panel Member S. Ruddock is in the process of completing her decisions.
City Council to receive recommendations on the new Panel Member Dino Lombardi.
Chair of the Toronto Local Appeal Body received correspondence from Panel Member S. Gopikrishna advising that due to unforeseen circumstances he will be returning mid-February to resume his TLAB duties. Any case files belonging to Panel Member S. Gopikrishna scheduled for early February will be reassigned until his return.
The Toronto Local Appeal Body held discussions on three (3) potential actions to be taken in the event of a delay in the producing a decision.
The Panel discussed the proposed course of action detailed by the Ian Lord, Chair of the Toronto Local Appeal Body in the Memorandum dated January 15, 2018. Panel Member T. Yao opposed the proposal of requiring a Panel Member to attend in camera at a business meeting before fellow Panel Members to explain the circumstances as performance management of an independent decision maker is delicate, nuanced and sophisticated and should be conducted through leadership and example, not by public or private shaming.
Panel Member S. Makuch indicated that the delay in the issuing decisions can be costly to the public and suggests that a private discussion be conducted by the Chair of the Toronto Local Appeal Body with the offending Member be the initial step in addressing the concern.
Hsing Yi Chao, Supervisor, Court Services, provided the Panel with an administrative update on case file statistics as of January 25, 2018. There are currently 323 case files at the Toronto Local Appeal Body. Panel Members have heard 81 cases and issued 56 decisions.
Summary
Toronto Local Appeal Body to receive an address from Ian Lord, Chair of the Toronto Local Appeal Body with respect to decision review, timeliness and accountability
Motions
1. Motion to adopt the course of action, with amendments, as detailed in the Memorandum from TLAB Chair, Ian Lord, dated January 15, 2018 moved by Panel Member S. Makuch and seconded by Panel Member L. McPherson. (Carried)
2. Motion to accept Administrative Update presented by Hsing Yi Chao, Supervisor, Court Services, as information moved by Panel Member S. Makuch and seconded by Panel Member T. Yao. (Carried)
Background Information
January 15 2018 – Memorandum from Ian Lord
January 26 2018 – Update by Administrative Staff
TLAB 11.2 ACTION ADOPTED
Panel Decision
The Toronto Local Appeal Body adopted a framework for the Public Deputation meetings scheduled for April 2018.
Decision Advice and Other Information
The Toronto Local Appeal Body established the following framework for the Public Deputation meetings:
1. Notice Recipients
Panel members discussed a list of persons and/or organizations to be invited to the deputations. Invitations will be sent via email to law firms, planning associations and schools. Accordingly, the advertisement will be posted on the Toronto Local Appeal Body website which will provide information to the public.
2. Notice Format
Panel members discussed the formatting of the public deputation invitation notice. Members suggested that a draft be submitted and circulated for feedback.
3. Notice Content (draft needed)
The contents of the invitation notice should be brief and include the date, time and location. The draft document should also have a link attached where the public has the ability to register and provide their written submissions. The notice will serve to inform the public that their written submissions will be considered on the date in question. Panel Members will inform the public on the day that there will be a time for oral submissions on a first come basis.
4. Notice Communication Vehicles
Panel members discussed all communication methods for ensuring the invitation notices gets widely disseminated to the public. Panel Member S. Makuch suggested there be a notice displayed at the Toronto Local Appeal Body office advertising the deputations for the general public. Panel Chair I. Lord suggested that there be a link on the Toronto Local Appeal Body website.
5. Meeting Structure/Components: agenda items; order of deputations; time limit; questions; discussion on submission; submissions on deputation; City position; discussion between Members; instruction to counsel (in camera?);
Panel Members established the structure of the deputations to ensure that all registered parties, including general public walk-ins have sufficient amount of time to depute. There will be two sessions for the public to participate in, an afternoon (2:00 pm – 5:30 pm) and evening session (6:30 pm – 8:30 pm). There will be a time frame enacted for the public to submit their written suggestions prior to the deputations. There will be a time limit imposed on the date of the deputations for the public to speak to their issues. Each presenter will be given (5) five minutes. Extensions will be provided upon approval by the Panel. Members established that in regards to submissions, if a suggestion is not succinct they can ask specific questions for clarification.
With regards to the City’s position, Chair I. Lord, suggested a separate meeting with City Legal to discuss their position on any potential suggested changes to the Rules of Practice and Procedure. The Panel discussed and agreed that if the City moves forward with a position statement, that they should follow the same set of instructions provided to the general public and submit their suggestions before the due date.
After the deputations have been completed there will be a two week period where the Panel Members will discuss and review all of the submissions. A public meeting will follow on April 19th for the Panel to discuss and review submissions and to provide instructions to Legal Counsel. All comments, feedback and revisions will be circulate between the Panel Members and their legal team for a draft rules revision.
The Panel members discussed and established that the order of the speakers will be at the discretion of the panel. For individuals who sign up on the deputation date, staff will provide that list to the Panel and each person will be called to depute on a first come basis.
6. Member Topic Distribution/Identification/Delivery
Panel Members discussed and establish that each Member be responsible for reviewing and taking the lead on specific sections in the Rules. Each member will identify the issues and provide suggestions.
7. Role of Counsel
8. Treatment of Minutes/Postings
Hsing Yi Chao, Supervisor, Court Services, informed Panel Members that all minutes associated with public meetings must be adopted by the Panel Members before posting. Draft minutes of the April 18th meeting will encompass written submissions from the public and a summary of what was presented orally. Hsing Yi Chao suggested to the Panel that should the meeting be recorded, the recording could serve as minutes and be made available soon after the April 18th, 2018 public meeting.
Summary
Toronto Local Appeal Body to establish the framework of the Public Deputation meetings scheduled for April 2018. Topics to be discussed will include:
Motions
1. Motion to set the time limit for deputations at the Public Meeting at (5) five minutes extendable by the Panel for the purposes of the draft notice moved by Panel Member G. Burton and seconded by Panel Member L. McPherson. (Carried)
2. Motion to receive the presentation and discussion on the framework for the Public Deputation Meeting as information moved by Panel Member G. Burton and seconded by Panel Member S. Makuch. (Carried)
TLAB 11.3 ACTION ADOPTED
Panel Decision
The Toronto Local Appeal Body received and adopted the draft Notice of Electronic Hearing.
Decision Advice and Other Information
The Toronto Local Appeal body discussed the draft Electronic Hearing Notices. Questions were raised as to whether there will be new stipulations on parties submitting documents. Hsing Yi Chao, Supervisor, Court Services, detailed that the language was tailored to reflect electronic hearings. The only changes were to reflect “in-person” hearing as “electronic” hearing, all other content remains the same.
Origin
(January 2018) Draft Notice of Electronic Hearing
Recommendations
It is recommended that the draft Notice of Electronic Hearing be adopted by the Panel.
Summary
Forwarding, for approval, the Notice of Electronic Hearing to the Toronto Local Appeal Body
Background Information
January 2018 – Draft Notice of Electronic Hearing
Motion
1. Motion to adopt the Notice of Electronic Hearing moved by Panel Member L. McPherson and seconded by Panel Member G. Burton. (Carried)
TLAB 11.4 INFORMATION RECEIVED
Panel Decision
The Toronto Local Appeal Body received information on the New Payroll Process.
Decision Advice and Other Information
Hsing Yi Chao, Supervisor, Court Services, provided an update, explanation and Panel Member requirements in relation to the new payroll process
Summary
A presentation by Hsing Yi Chao, Supervisor, Court Services, to the Toronto Local Appeal Body detailing the new payroll process including a debrief and explanation of the new due date structures.
Motion
1. Motion to adopt the presentation as information moved by Panel Member S. Makuch and seconded by Panel Member G. Burton. (Carried)
TLAB 11.5 INFORMATION RECEIVED
Panel Decision
The Toronto Local Appeal Body received an update from Chair, I. Lord on the Annual Report to be submitted to Council. A draft will be completed by the end of February. The Chair indicated that he would accept any input from Panel Members.
Summary
Ian Lord, Chair of the Toronto Local Appeal Body, to discuss the annual report with the Panel Members and to receive input, articles and advice from the Panel
Motion
1. Motion to adopt the presentation as information moved by Panel Member S. Makuch and seconded by Panel Member G. Burton. (Carried)
Meeting Sessions
| Session Date | Session Type | Start Time | End Time | Public or Closed Session |
| January 26, 2018 | Morning | 9:31 AM | 12:07 PM | Public |
Attendance
Members were present for some or all of the time period indicated.
| Date and Time |
Quorum | Panel Members |
| January 26, 2018
9:31 AM to 12:07 PM (Public Session) |
Present | Present: Ian Lord (Chair), Gillian Burton, Stanley Makuch, Laurie McPherson,Ted Yao
Sabnavis Gopikrishna (Absent) |
Hsing Yi Chao
Secretary / Supervisor
Toronto Local Appeal Body, Court Services
Nathalie Forde
Support Assistant
Toronto Local Appeal Body, Court Services