Minutes: August 23, 2019

TLAB 24.1 - Toronto Local Appeal Body - Orientation/Refresher Sessions

TLAB 24.1                              INFORMATION                                                      RECEIVED

 

Summary

The Toronto Local Appeal Body Panel Members received a refresher/orientation session from the following City of Toronto Divisions:

• Integrity Commissioner
• City Manager’s Office
• Appointment Office
• City Legal
• City Clerk
• Court Services

 

Decision Advice and Other Information

The Toronto Local Appeal Body received a series of 5 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.

 

Motions

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).

 

Supporting Documents

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

TLAB 24.2 - Toronto Local Appeal Body - Chair's Update

TLAB 24.2                              INFORMATION                                                      RECEIVED

Summary

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.

 

Decision Advice and Other Information

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.

 

Motions

• Motion that the dissemination of media articles be dealt with (a) at the discretion of a Member for a request to the Supervisor to circulate to the Member without any request for comment; and (b) that when comment is desired, any Member may request the matter to be listed on a Public Agenda.This motion being subject to any contrary advice or recommendation arising from the position, if any, of the Integrity Commisioner and TLAB legal advice.  Moved by Panel Member S. Makuch, seconded by Panel Member S. Gopikrishna (Carried)

 

• Motion to accept that the Chair/Vice Chair and legal counsel draft a letter to the City Manager’s Office requesting an increase in remuneration for written decisions, moved by Panel Member S. Makuch, seconded by Panel Member S. Talukder (Carried).

 

• Motion to direct Court Services to inquire about and at the next public business meeting to inform the Members of, training on equity, diversity, and inclusion as it relates to the TLAB, moved by Panel Member S. Gopikrishna, seconded by Panel Member S. Karmali (Carried).

 

• Motion to add an item to the agenda of the next business meeting speaking to creating an evaluation form for hearings, moved by Panel Member S. Makuch, seconded by Panel Member J. Tassiopoulos (Carried).

 

• Motion to direct Court Services to inquire about and at the next public business meeting to inform the Members of the reading of the aboriginal land acknowledgement preceding the commencement of hearings, moved by Panel Member S. Makuch, seconded by Panel Member D. Lombardi (Carried).

 

• Motion to receive the Chair’s update as information, moved by Panel Member D. Lombardi, seconded by Panel Member S. Makuch (Carried)

 

Supporting Documents

July 31, 2019 – Toronto Star News Article

TLAB 24.3 - Toronto Local Appeal Body - Supervisor Staff Report

TLAB 24.3                              INFORMATION                                                      RECEIVED

Summary

Court Services Supervisor, Hsing Yi Chao, 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

 

Decision Advice and Other Information

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.

 

Motions

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).

 

Supporting Documents

August 2019 – Administrative Update

August 19 2019 – Correspondence – Chan, Christian

TLAB 24.4 - Toronto Local Appeal Body - Public Guide Additions

TLAB 24.4                              INFORMATION                                                      RECEIVED

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.

 

Decision Advice and Other Information

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

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).

 

Supporting Documents

Proposed addition to the Toronto Local Appeal Body’s Public Guide – Rule 31

TLAB 24.5 - Toronto Local Appeal Body - Memo and Minutes on discussions with Director, Chief Building Official

TLAB 24.5                              INFORMATION                                                      RECEIVED

Summary

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

• Enforceability of Conditions by OBC or MLS
• Any other variances required by the Plans are not authorized
• Motion: Standard Consent Conditions, TLAB Practice Direction #1.

 

Decision Advice and Other Information

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 3 from the standard consent conditions of Practice Direction #1.

 

Motions

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).

 

Supporting Documents

June 03 2019 – Meeting Minutes

June 10 2019 – Memorandum from Chair Lord to TLAB Panel Members

June 14, 2017 – Practice Direction #1

 

TLAB 24.6 - Toronto Local Appeal Body - Complaint Protocol

TLAB 24.6                              INFORMATION                                                      DEFERRED

Summary

It is important and an expectation of the City that the Toronto Local Appeal Body have a public complaints protocol.

 

Decision Advice and Other Information

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.

 

Motions

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).

 

Supporting Documents

July 26 2019 – Updated Complaint Protocol Draft

TLAB 24.7 - Toronto Local Appeal Body - Members Discussion Series

TLAB 24.7                              INFORMATION                                                      DEFERRED

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)

 

Decision Advice and Other Information

The Toronto Local Appeal Body deferred consideration of this item to the next Public Business Meeting.

 

Supporting Documentation

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

TLAB 24.8 - Toronto Local Appeal Body - Closed session to discuss matters and receive legal advice that is subject to solicitor-client privilege

TLAB 24.8                              INFORMATION                                                      RECEIVED

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:

• Subsection 53(41) of the Planning Act and the Ability of the TLAB to Extend the One Year Limitation Period;
• Information on recusal motions provided by legal counsel;
• 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 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.)

 

Decision Advice and Other Information

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:

• Subsection 53(41) of the Planning Act and the ability of the TLAB to extend the one year limitation period; and
• Information on recusal motions provided by legal counsel.

The Toronto Local Appeal Body did not consider the following items, but instead deferred them to the next Business Meeting:

• The ability of the TLAB to provide directions on the completeness of applications; and
• The ability of the TLAB to prohibit second Review Requests.

 

Motions

• Motion to accept the reordering of agenda item 24.7 and speak to item 24.8 in advance of reconvening in public session, moved by Panel Member G. Burton, seconded by Panel Member S. Makuch (Carried).

 

• Motion to go into closed session to discuss matters and seek legal advice regarding subsection 53(41) of the Planning Act and the one year limitation period, receive information on recusal motions provided by legal counsel, discuss the ability of the TLAB to provide directions on the completeness of applications, and to prohibit second review requests, moved by Panel Member S. Karmali, seconded by Panel Member S. Gopikrishna (Carried).

 

• Motion to come out of closed session, moved by Panel Member S. Makuch, seconded by Panel Member S. Gopikrishna (Carried).

 

• Motion to receive legal advice for Subsection 53(41) of the Planning Act and the ability of the TLAB to extend the one year limitation period, and to receive information on recusal motions provided by legal counsel, moved by Panel Member S. Makuch, seconded by Panel Member J. Tassiopoulos (Carried).

 

• Motion to defer agenda items 24.7 (matters arising from the hearing process or matter of general interest), 2.8 numbers 2 & 3; 24.9 (the ability of the TLAB to provide directions on the completeness of applications and the ability of the TLAB to prohibit second Review Requests), 23.10 (proposed changes to Rule 31.10), and 24.11 (Final decisions on hold pending submissions from Parties), to the next Business Meeting, moved by Panel Member G. Burton, seconded by Panel Member S. Makuch (Carried).

 

• Motion to adjourn, moved by Panel Member S. Makuch (Carried)

 

TLAB 24.9 - Toronto Local Appeal Body - Memo on Bias

TLAB 24.9                              INFORMATION                                                      DEFERRED

Summary

This a refresher/reminder on the subject of recusal motions, brought forward on request.

Decision Advice and Other Information

The Toronto Local Appeal Body deferred consideration of this item to the next Business Meeting.

TLAB 24.10 - Toronto Local Appeal Body - Proposed Changes to Rule 31.10 of TLAB's Rules of Practice and Procedure

TLAB 24.10                             INFORMATION                                                      DEFERRED

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.

Decision Advice and Other Information

The Toronto Local Appeal Body deferred consideration of this item to the next Business Meeting.

Supporting Documents

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

TLAB 24.11 - Toronto Local Appeal Body - Final Decisions on hold pending final submissions from Parties

TLAB 24.11                             INFORMATION                                                      RECEIVED

 

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.

 

Decision Advice and Other Information

The Toronto Local Appeal Body deferred consideration of this item to the next Business Meeting.

 

Supporting Documents

August 13 2019 – Proposed Follow up Communication 

Meeting Sessions and Attendance

Meeting Sessions and Attendance

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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

 

Attendance

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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

Staff Attendance

Susan Paolucci
Manager
Tribunal Operations, Court Services

Hsing Yi Chao
Secretary / Supervisor
Toronto Local Appeal Body, Court Services

Angela Bepple
Support Assistant A
Toronto Local Appeal Body, Court Services

Kevork Chelenkerian
Support Assistant B
Toronto Local Appeal Body, Court Services

Tyra Dorsey
Support Assistant B
Toronto Local Appeal Body, Court Services

Nathalie Forde
Support Assistant B
Toronto Local Appeal Body, Court Services