Meeting Date: August 23, 2019
Time: 9:30 a.m.
Email: tlab@toronto.ca
Location: Toronto City Hall, 100 Queen St. W., Toronto, Ontario, M5H 2N2
Room: Committee Room One
Chair: Ian Lord
Contact: Hsing Yi Chao
Phone: 416-392-4697
None declared
Motion to adopt Minutes of the Public Meeting held May 17, 2019, moved by Panel Member S. Makuch, seconded by Panel Member S. Gopikrishna (Carried).
The Toronto Local Appeal Body Panel Members received a refresher/orientation session from the following City of Toronto Divisions:
The Toronto Local Appeal Body received a series of five orientation presentations.
Aretha Philip, Manager of the Office of Public Appointments, shared information about the roles and expectations of Toronto Board Member, including details on open meetings, Freedom of Information, membership and terms of appointment.
John Elvidge, Deputy City Clerk, presented on the open meeting laws that apply to local boards. He also clarified the policies regarding closing meetings to the public, the process and reasons for doing so, and the requirements for what information is shared after closing a meeting.
Jennifer Franks, Senior Corporate Management Policy Consultant for the City Manager’s Office, shared information about the Governance structure of the City of Toronto and how TLAB fits into it. She detailed the policies and legislation which govern TLAB Panel Members, and the policies which govern staff of TLAB.
Valerie Jepsen, Integrity Commissioner of the City of Toronto, described the role and relationship of the Integrity Commissioner, and the Code of Conduct which applied to TLAB members. Members can speak confidentially with the Integrity Commissioner on any questions they have.
Susan Paolucci, Manager of Tribunal Operations, provided an overview of the relationship of the Tribunal to the Court Services Division, and the foundations of Court Services Administrative Support to the TLAB.
Further discussion and questions were raised for each presentation.
Motion to receive presentations by the Integrity Commissioner, City Manager’s Office, Appointment Office, City Clerk’s Office, and Court Services for information, moved by Panel Member G. Burton, seconded by Panel Member J. Tassioupoulos (Carried).
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, 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.
Chair Ian Lord provided an updates on a variety of topics.
The Chair will be submitting a letter to the Chief Financial Officer regarding the ability of TLAB members to claim home office expenses. Member Yao provided additional information on the topic related to his experience using the T2200 form. Further discussion on the topic ensued.
Arising from a recent Toronto Star article regarding a matter taking place in the Long Branch neighbourhood, the Chair requested input from the members regarding the circulation of media to the members. Discussion ensued regarding bias and other issues. It was agreed that subject to a contrary legal position or feedback from the Integrity Commissioner, circulation of articles or media should be at the discretion of the member.
Chair Lord discussed the upcoming term appointment renewals in 2020 and succession planning for incoming members.
Additional topics were raised and discussed by members, related to hearing processes and education for members.
July 31, 2019 – Toronto Star News Article
Court Services Supervisor, Hsing Yi Chao, to provide an update on administrative matters to the Panel, including year end statistics pertaining to:
Supervisor Hsing Yi Chao provided an update on the number and outcomes of appeals. Anything new that is being assigned at this time is past the May 6, 2019 update to the Rules of Practice and Procedure.
Canvassing of Members will be based on availability, rather than unavailability, which will allow members more surety of which dates to keep for TLAB.
A new version of the Application Information Centre has been rolled out online, so a demonstration was provided on how to search and sort the documents posted there. This addresses many of the concerns raised by members of the public, such as the August 19, 2019 submission by Mr. Chan.
Motion to receive the Supervisor’s Staff Report update on administrative matters, moved by Panel Member S. Makuch, seconded by Panel Member T. Yao (Carried).
August 2019 – Administrative Update
August 19, 2019 – Correspondence – Chan, Christian
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.
The Toronto Local Appeal Body referred this matter to the next agenda, to allow time for the creation of a simplified and easier to read addition to the Public Guide.
Motion to allow member Burton to draft a more simplified and easy to read proposed addition to Rule 31 in the TLAB Public Guide, and address it at the next public business meeting, moved by Panel Member J. Tassiopoulos, seconded by Panel Member S. Karmali (Carried).
Proposed addition to the Toronto Local Appeal Body’s Public Guide – Rule 31
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
The Toronto Local Appeal Body discussed the meeting that the Chair and Supervisor had with the Toronto Building Department, and the recommendations which emerged from that meeting. The purpose of the meeting was to better understand the processes of the Building Department, and how TLAB decisions fit into that process.
A key issue which emerged was regarding the clearance of the standard consent conditions as laid out in Practice Direction #1. Toronto Building does not deal with clearing conditions that are the jurisdiction of other departments. The TLAB moved to remove condition three from the standard consent conditions of Practice Direction #1.
Motion to accept that condition #3 in the “Standard Consent Conditions” be deleted in Practice Direction #1, and that the Practice Direction #1 be renumbered accordingly, moved by Panel Member G. Burton, seconded by Panel Member S. Makuch (Carried).
June 3, 2019 – Meeting Minutes
June 10, 2019 – Memorandum from Chair Lord to TLAB Panel Members
It is important and an expectation of the City that the Toronto Local Appeal Body have a public complaints protocol.
Communication from the Toronto Ombudsman’s office directed that the TLAB should bring its Complaint process more in line with what other Tribunals have. Currently, no protocol is posted on the TLAB Website. A draft protocol has been prepared, and is more in line with what other Tribunals have.
Discussion ensued regarding what process to follow for complaints. The draft complaint protocol was referred to the next business meeting, after a meeting with the Ombudsman is scheduled.
Motion to move item 24.6 to the next public business meeting in order to discuss the draft complaints protocol with the Ombudsman’s office in consideration of the disposition and receipt of a Complaint Protocol, moved by Panel Member T. Yao, seconded by Panel Member G. Burton (Carried).
This is an opportunity to raise matters of interest arising from the Hearing process or matters of general interest. Topics include the following:
The Toronto Local Appeal Body deferred consideration of this item to the next Public Business Meeting.
August 22, 2019 – Identification of post May 6, 2019 appeal files
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 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.)
The Toronto Local Appeal Body went into closed session to discuss matters and receive legal advice that is subject to solicitor-client privilege on the following items:
The Toronto Local Appeal Body did not consider the following items, but instead deferred them to the next Business Meeting:
This a refresher/reminder on the subject of recusal motions, brought forward on request.
The Toronto Local Appeal Body deferred consideration of this item to the next Business Meeting.
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.
The Toronto Local Appeal Body deferred consideration of this item to the next Business Meeting.
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.
The Toronto Local Appeal Body deferred consideration of this item to the next Business Meeting.
| Session Date | Session Type | Start Time | End Time | Public or Closed Session |
|---|---|---|---|---|
| August 23, 2019 | Morning | 9:31 | 10:56 | Public |
| August 23, 2019 | Recess | 10:56 | 11:09 | |
| August 23, 2019 | Morning | 11:09 | 12:48 | Public |
| August 23, 2019 | Recess | 12:48 | 1:37 | |
| August 23, 2019 | Afternoon | 1:37 | 3:21 | Public |
| August 23, 2019 | Afternoon | 3:21 | 3:47 | Closed |
| August 23, 2019 | Afternoon | 3:47 | 3:52 | Public |
Members were present for some or all of the time period indicated.
| Date and Time | Quorum | Panel Members |
|---|---|---|
| 9:31 | Present | Present: Ian Lord (Chair), Dino Lombardi (Vice Chair), Gillian Burton, Sabnavis Gopikrishna, Sean Karmali, Justin Leung, Shaheynoor Talukder, John Tassiopoulos, Ted Yao, Stan Makuch |
| 11:09 | Present | Present: Ian Lord (Chair), Dino Lombardi (Vice Chair), Gillian Burton, Sabnavis Gopikrishna, Sean Karmali, Justin Leung, Shaheynoor Talukder, John Tassiopoulos, Ted Yao, Stan Makuch |
| 1:37 | Present | Present: Ian Lord (Chair), Dino Lombardi (Vice Chair), Gillian Burton, Sabnavis Gopikrishna, Sean Karmali, Justin Leung, Shaheynoor Talukder, John Tassiopoulos, Stan Makuch |
| 3:21 | Present | Present: Ian Lord (Chair), Dino Lombardi (Vice Chair), Gillian Burton, Sabnavis Gopikrishna, Sean Karmali, Justin Leung, Shaheynoor Talukder, John Tassiopoulos, Ted Yao, Stan Makuch |
| 3:47 | Present | Present: Ian Lord (Chair), Dino Lombardi (Vice Chair), Gillian Burton, Sabnavis Gopikrishna, Sean Karmali, Justin Leung, Shaheynoor Talukder, John Tassiopoulos, Ted Yao, Stan Makuch |