Meeting Date: Wednesday, December 13, 2017
Time: 9 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 – October 11, 2017
Motion to adopt Minutes from October 11, 2017, moved by Panel Member S. Gopikrishna, seconded by Panel Member T. Yao. (Carried)
The Toronto Local Appeal Body received the discussion on how Written Decisions are issued once the final decision is delivered by the Panel Member.
The Toronto Local Appeal Body discussed the process which occurs once a decision is completed by the Panel Member, citing item 9.5 regarding Written Decisions from the meeting held October 11, 2017. When it is received, staff check to ensure document is accessible, send it out by email and mail to all parties and participants, and post it on the TLAB website and the Application Information Centre (AIC) website.
Due to current publishing timelines for content on the TLAB website, decisions may not be immediately posted there. However, on AIC the decision is available as soon as staff post it. Once publishing restrictions are lifted, staff aim to post decisions no later than 1 day after they are issued.
Decisions are posted in both places because on AIC, the file is closed after 60 days, whereas decisions on the TLAB website will be posted indefinitely.
The Toronto Local Appeal Body Panel Members to discuss the guidelines for postings Orders and Decisions including timeliness, organization and ease for exhibiting.
The Toronto Local Appeal Body directed that persons electing Party status should be informed by staff that a witness statement is necessary for anyone wishing to submit evidence. The TLAB also established that this should be clarified in the upcoming revision of the Rules of Practice and Procedure.
The Toronto Local Appeal Body had a conversation arising out of their consideration of what minimum level of assistance the Panel Members must provide to Unrepresented Parties in an appeal. Questions emerged regarding the role of residents who register their Intention to be a Party, but who are not certain what their role is. Panel Member L. McPherson suggested that a witness statement is required so that opposing Parties know the position of other Parties. This would address situations where a Party resident appears and says they do not wish to be a witness but do wish to present and speak to evidence, which is the witness’ role.
The Members agreed that there should be a rule amendment to clarify the rules as to the requirement for Parties to file a witness statement should they desire to act as a witness and present evidence. Before the rules amendment, staff can use a template email sent to persons electing Party status, clarifying that if they wish to submit evidence at a hearing, they must submit a witness statement.
The Toronto Local Appeal Body Panel Members to discuss and receive for information OBA article concerning the minimum level of assistance a tribunal is to provide unrepresented Parties as established by Ontario Divisional Court. Background Information and Additional Resources.
Panel Members received the confidential presentation for information.
The Toronto Local Appeal Body recessed at 12:45 PM to meet in closed session as this item relates to training and education for Panel Members. A confidential legal training session led by TLAB Chair Ian Lord included training material which was reviewed and discussed by Panel Members.
A legal training session for the Toronto Local Appeal Body Panel Members led by the Toronto Local Appeal Body Chair, Ian Lord.
The Toronto Local Appeal Body received an update regarding remuneration from Panel Chair Ian Lord, and received a presentation from Hsing Yi Chao, Secretary Toronto Local Appeal Body and Supervisor, Court Services, regarding statistics of appeals received to date. The Panel also discussed the process the TLAB would use to process withdrawals of appeals.
Panel Chair Ian Lord updated the Toronto Local Appeal Body on details around remuneration. A Meeting was held with Court Services Management regarding the contents of a memorandum circulated by the Chair. Out of the meeting, certain specific requests will be addressed – particularly where there is a substantial amount of time spent by a member which is not remunerated. For example, what qualifies as a decision, and what remuneration is possible for site visits, will be clarified. There will also be an independent study to revamp the remuneration structure for all tribunals within the City. The amount of discretion Court Services has over remuneration is small, as Council addressed this in their instructions.
The Toronto Local Appeal Body received a presentation from Hsing Yi Chao, Secretary Toronto Local Appeal Body and Supervisor, Court Services, regarding statistics of appeals and decisions to date. These statistics included average timelines for receiving files, issuing Notices of Hearing, Decisions, the number of files, and timelines for scheduling hearings. As of December 4, 2017, 286 individual case files have been received, representing 172 appeal files. 37 decisions have been issued, 11 decisions outstanding, with an average time of 13 days between hearing and decision. 88 other files have been scheduled, with 36 to be scheduled once received from the Committee of Adjustment. The average time between receiving and disposing of appeals is currently 115 days.
Further discussion was held about scheduling of hearings. Half day hearings are being considered for the New Year, to dispense with smaller files more expediently. There is general agreement that should additional days by requested by Parties, that request should come by way of motion. Otherwise guidelines to add additional dates would need to be provided by the Chair or Panel.
The Toronto Local Appeal Body also discussed the process they should use to deal with withdrawals. Chair Ian Lord would like a member to look at that withdrawal and issue a decision.
Ms. Chao detailed the distribution of scheduling between the different members. While the distribution should balance over all, it is not possible to maintain even numbers when considering Panel Member availability.
A conversation ensued regarding whether Panel Member distribution of cases should be published, with debate as to whether this information is public by default, or should be screened in some way. Consensus suggested that a retrospective yearly summary should show the distribution, but that prospective monthly distribution is not necessary.
Similar information regarding motions was included in the presentation, with motions distributed more or less equally. Motions that are tied to a relief request which may seize a member are assigned to the original panel member, whereas Motions for Adjournment are distributed as equally as possible. Some Panel Members have seized themselves on cases assigned to other Members. Unless otherwise directed, staff do not reschedule according to the new member’s availability.
Other processes such as Summonses and Review Requests go to the Chair only.
In other matters, Parties requesting settlement hearings will no longer need to do so by way of motion, which was the earlier process. Rather, at the direction of the Chair, staff will canvas with Parties for their availability and book a settlement hearing on consent.
When it comes to decisions, some panel members are asking that staff attach documents to their decisions. Either the Panel Member can send the documents and decision which they wish to have attached, or they can itemize the documents, which will be sent back for their review and written confirmation before being attached and sent with the decision.
Finally, new forms will be published which will include a “Single Name” field for persons whose legal name does not follow the “First Name/Last Name” structure.
Court Services administrative staff to provide an update to the Toronto Local Appeal Body on:
December 6, 2017 – Administrative Update
The Toronto Local Appeal Body received information on Practice Direction 1 regarding standard conditions for consent approvals.
The Toronto Local Appeal Body Discussed including the standard consent conditions from Practice Direction 1 into any decision for approval on consent. The language of the conditions provide one (1) year to fulfill conditions, but the Planning Act permits two (2) years. If the conditions are not fulfilled within two years, the consent is void. It is up to the owner/applicant to identify that one year is not sufficient to fulfill the conditions.
If City of Toronto Legal services provides conditions on matters which they are involved in, the TLAB needs to audit their conditions relative to the TLAB conditions.
Toronto Local Appeal Body to discuss the application of standard language for conditions of consent/severance approvals that the body has granted.
The Toronto Local Appeal Body adopted dates for the 2018 schedule of Public Meetings, including dates for the public consultations surrounding review of the Rules of Practice and Procedure.
(December 2017) Proposal from Hsing Yi Chao, Secretary, Toronto Local Appeal Body
The Toronto Local Appeal Body discussed the proposed 2018 schedule of Public Meetings, including the series of Public Meetings which will address changes to the Rules of Practice and Procedure. The proposed schedule of dates was amended to establish January 26, 2018 as the January Public Meeting date. The proposed times for April 18 public deputations were set as 3-6 P.M. and 7-9 P.M. to accommodate public who are not available during standard office hours.
It is recommended that the following meeting dates for the Toronto Local Appeal Body for 2017 be adopted.
Forwarding, for approval, the proposed 2017 Schedule of Meetings for the Toronto Local Appeal Body
December 5 2017 – Proposed 2018 Meeting Schedule (Draft)
The Toronto Local Appeal Body postponed adopting changes to the Early Request for Motions. Redirection will follow after the public consultations surrounding review of the Rules of Practice and Procedure.
(December 11 2017) Correspondence from Panel Member G. Burton on Dates for Motions
The Toronto Local Appeal Body discussed establishing what the earliest date of a motion should be. Panel Member Ted Yao moved to table the discussion until the Rules Revision process. Further discussion led to a friendly amendment to the motion by Panel Member L. McPherson, to direct staff not to schedule motions until 10 days after the Notice of Intention to Elect Party or Participant status due date.
The Toronto Local Appeal Body to address and discuss parameters of early requests for motions.
December 11, 2017 – Correspondence from G. Burton, Panel Member, Toronto Local Appeal Body
| Session Date | Session Type | Start Time | End Time | Public or Closed Session |
|---|---|---|---|---|
| December 13, 2017 | Morning | 9:16 a.m. | 10:49 a.m. | Public |
| December 13, 2017 | Morning | 10:49 a.m. | 11:00 a.m. | Recess |
| December 13, 2017 | Morning | 11:00 a.m. | 12:45 p.m. | Public |
| December 13, 2017 | Afternoon | 12:45 p.m. | 1:14 p.m. | Closed |
| December 13, 2017 | Afternoon | 11:31 a.m. | 1:01 p.m. | Public |
Attendance
Members were present for some or all of the time period indicated.
| Date and Time |
Quorum | Panel Members |
|---|---|---|
| December 13, 2017
9:16 – 10:49 a.m. (Public Session) |
Present | Present: Ian Lord (Chair), Gillian Burton, Sabnavis Gopikrishna, Stanley Makuch, Laurie McPherson,Ted Yao
Sophia Ruddock (Absent) |
| December 13, 2017
11 a.m. – 12:45 p.m. (Public Session) |
Present | Present: Ian Lord (Chair), Gillian Burton, Sabnavis Gopikrishna, Stanley Makuch, Laurie McPherson,Ted Yao
Sophia Ruddock (Absent) |
| June 14th, 2017
12:45 – 1:14 p.m. (Closed Session) |
Present | Present: Ian Lord (Chair), Gillian Burton, Sabnavis Gopikrishna, Stanley Makuch, Laurie McPherson,Ted Yao
Sophia Ruddock (Absent) |
| December 13, 2017
1:14 – 1:14 p.m. (Public Session) |
Present | Present: Ian Lord (Chair), Gillian Burton, Sabnavis Gopikrishna, Stanley Makuch, Laurie McPherson,Ted Yao
Sophia Ruddock (Absent) |
Hsing Yi Chao
Secretary / Supervisor, Toronto Local Appeal Body, Court Services
Angela Bepple
Support Assistant A, Toronto Local Appeal Body, Court Services
Tyra Dorsey
Support Assistant, Toronto Local Appeal Body, Court Services
Nathalie Forde
Support Assistant, Toronto Local Appeal Body, Court Services