Business Meeting No. 22

Meeting Date:  Monday, March 4, 2019
Time:  9:30 a.m.
Email:  tlab@toronto.ca
Location:  North York Civic Centre, 5100 Yonge Street, ON M2N 5V7
Room: Council Chambers
Chair: Ian Lord

Contact: Hsing Yi Chao
Phone: 416-392-4697

Toronto Local Appeal Body Panel Members

Ian Lord (Chair)
Gillian Burton
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 – December 5, 2018

Declaration of Interest under the Municipal Conflict of Interest Act

Deferred Item TLAB 21.7

 ADOPTION

 9:30 a.m.

Toronto Local Appeal Body – Revised Rules of Practice and Procedure (Draft Rules 1 – 31)

Summary

The Toronto Local Appeal Body to adopt the revised draft version of the Toronto Local Appeal Body’s Rules of Practice and Procedure (Rules 1 to 31) as presented by Duxbury Law.

NOTE: On December 5, 2018, the TLAB had before it a draft of revised Rules and Forms for consideration; direction was provided in respect of revisions found within draft Rules 1-30, for finalization. Rule 31 was discussed extensively, with further directions provided. Rules 1-31 and associate Forms, including their revisions and additions were deferred to the following Business Meeting, now scheduled for March 4, 2019. A supporting Overview summary of the process was directed to be prepared and considered together with the composite Rules and Forms revisions. No further submissions on the draft Rules or Forms have been received from the public in the interval December 5, 2018 to date.

 

Supporting Documents

Toronto Local Appeal Body – Draft Rules of Practice and Procedure (Rules 1 – 31 – Draft Revised February 2019)

Comparison Document with tracked changes (Rules 1 – 31) – TLAB Rules of Practice and Procedure (Adopted May 3, 2017)  vs. Draft Revised February 2019

Deferred Item TLAB 21.8

ADOPTION 9:30 a.m.

Toronto Local Appeal Body – Revised Draft Forms

Summary

The Toronto Local Appeal Body to receive draft forms from Court Services and provide direction on final changes for the forms with an effective date to be determined.

 

Supporting Documents

Toronto Local Appeal Body Forms

(DRAFT)  Form 1  – TLAB Notice of Appeal
(DRAFT)  Form 3  – Applicant’s Disclosure
(DRAFT)   Form 4  – Notice of Intention to be A Party or Participant
(DRAFT)   Form 5  – Authorized Representative
(DRAFT)  Form 6  – TLAB Acknowledgement of Expert’s Duty
(DRAFT)   Form 7  – Notice of Motion
(DRAFT)  Form 8  – Notice of Response to Motion
(DRAFT)  Form 9  – Notice of Reply to Response to Motion
(DRAFT)  Form 10  – Affidavit
(DRAFT)  Form 11  – TLAB Request to Summons
(DRAFT)  Form 12  – Witness Statement
(DRAFT)  Form 13  – Participant Statement
(DRAFT)  Form 14  – Expert Witness Statement Form
(DRAFT)  Form 19  – Responding Witness Statement
(DRAFT)  Form 20 – Reply to Responding Witness Statement
(DRAFT)  Form 21 – Responding Expert Witness Statement Form

(DRAFT)  Form 22 – Reply to Responding Expert Witness Statement Form

(DRAFT)  Copy of Digital Audio Recording Request Form
(DRAFT)  TLAB Certified Decision Request Form
(DRAFT)  TLAB Certified Exhibit Request Form

TLAB 22.1

INFORMATION

9:30 a.m.

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 business including:

  • 2018 Chair’s Annual Report (Draft)
  • Update on 2019 Review Requests – Chair
  • Update of Leave Applications – Status – (Duxbury Law) Information Only
  • Conflict of Interest
  • TLAB Hearing Introduction (Vice Chair, D. Lombardi)

Supporting Documents

February 2019 – TLAB Revised Principles (Draft)

TLAB 22.2

INFORMATION

9:30 a.m.

Toronto Local Appeal Body – Supervisor Staff Report

Summary

Court Services Supervisor, Hsing Yi Chao, to provide an update to the Panel on 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

Supporting Documents

February 2019 – Administrative Update

TLAB 22.3

 INFORMATION  9:30 a.m.

Toronto Local Appeal Body – Complaint Protocol

Summary

The Toronto Local Appeal Body to receive information on the Toronto Local Appeal Body’s complaint protocol.

Supporting Documents

February 2019 – Toronto Local Appeal Body Complaint Protocol

TLAB 22.4

ADOPTION 9:30 a.m.

Toronto Local Appeal Body – Revised Rules of Practice and Procedure, Revised Forms, Process Overview 

Summary

The Toronto Local Appeal Body to be presented with the following for adoption:

a) Rules 1-30 (deferred)

b) Rule 31 (deferred)

c) Forms List (deferred)

d) Overview summary of processing of the Rules Review

e) Effective Date

Supporting Documents

(DRAFT)  Rules of Practice and Procedure as of February 15 2019

Comparison Document with tracked changes (Rules 1 – 31) – TLAB Rules of Practice and Procedure (Adopted May 3, 2017)  vs. Draft Revised February 2019

(DRAFT)  February 2019 – Overview Summary of Processing of the Rules Review

(DRAFT)  Form 1 – TLAB Notice of Appeal

(DRAFT)  Form 3 – Applicant’s Disclosure

(DRAFT)  Form 4 – Notice of Intention to be A Party or Participant

(DRAFT)  Form 5 – Authorized Representative

(DRAFT)  Form 6 – TLAB Acknowledgement of Expert’s Duty

(DRAFT)  Form 7 – Notice of Motion

(DRAFT)  Form 8 – Notice of Response to Motion

(DRAFT)  Form 9 – Notice of Reply to Response to Motion

(DRAFT)  Form 10 – Affidavit

(DRAFT)  Form 11 – TLAB Request to Summons

(DRAFT)  Form 12 – Witness Statement

(DRAFT)  Form 13 – Participant Statement

(DRAFT)  Form 14 – Expert Witness Statement Form

(DRAFT)  Form 19 – Responding Witness Statement

(DRAFT)  Form 20 – Reply to Responding Witness Statement

(DRAFT)  Form 21 – Responding Expert Witness Statement Form

(DRAFT)  Form 22 -Reply to Responding Expert Witness Statement Form

(NEW)  Form 23 – Notice of Non-Compliance for Review Request

(NEW)  Form 24 – Notice of Proposed Dismissal of a Review Request

(NEW)  Form 25 – Notice of Review

(NEW)  Form 26 – Notice of Response of Review

(NEW)  Form 27 – Reply to Notice of Response to Review

(DRAFT)  Copy of Digital Audio Recording Request Form

(DRAFT)  TLAB Certified Decision Request Form

(DRAFT)  TLAB Certified Exhibit Request Form