Minutes: December 5, 2018

Business Meeting No.21

Meeting Date:  Wednesday, December 5, 2018
Time: 9:30 a.m.
Email: tlab@toronto.ca
Location: York Civic Centre, 2700 Eglinton Avenue West, Toronto, Ontario  M6M 1V1
Room: Council Chambers
Chair: Ian Lord

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

 

  • Reading of the Traditional Land Acknowledgement

 

  • Declaration of Interest under the Municipal Conflict of Interest Act

None declared

  • Confirmation of Special Meeting Minutes – November 23, 2018

Motion to adopt Minutes of Special Meeting held November 23, 2018 moved by Panel Member S. Makuch, seconded by Panel Member D. Lombari (Carried).

  • Confirmation of Minutes – November 23, 2018

Motion to adopt Minutes from November 23, 2018 moved by Panel Member D. Lombardi, seconded by Panel Member S. Makuch (Carried).

TLAB 21.1                              INFORMATION                              RECEIVED

Toronto Local Appeal Body – Chair’s Update

 

Panel Decision

The Toronto Local Appeal Body received the update from the Toronto Local Appeal Body Chair, Ian Lord, as information.

 

Decision Advice and Other Information

The Toronto Local Appeal Body Chair, Ian Lord, provided opening remarks and an update on the following items:

Privacy

  • The Privacy Commissioner confirmed that no fault was found in TLAB actions by releasing information regarding health publicly. This was consistent with legal advice and information received from Clerks, and TLAB forms are very clear to indicate that all documents are public once submitted to TLAB.

Draft Rules of Practice and Procedure

  • Draft rules have been presented and reached a state of recommended changes.
  • A set of principles enunciated during public consultation are now in a draft document for TLAB to consider as a preamble to the rules, and which can be located in the Rules, on the TLAB website, and in the public guide. The Chair would like Court Services to allocate a budget for rewriting of the public guide, which will be a major task. Members of the public have requested that it be written at a Grade 6 level.
  • Discussion of the principles and public guide ensued, as to whether a revised public guide alone is sufficient, whether they should be combined with principles, and whether also there should be some communication strategy as to why certain rule changes were made. Discussion of the principles was deferred for further review, based on considerations of public issues and concerns, the budget for legal counsel, and prioritization of Rules.

 

Summary

The Toronto Local Appeal Body Chair, Ian Lord, provided opening remarks and an update on Privacy concerns by the public, the Draft Rules of Practice and Procedure, and the framework for developing a set of guiding principles to preface the Rules.

 

Supporting Documents

November 29, 2018 – TLAB Rule Principals (Draft)

 

Motions

Motion to adopt Chair’s updates moved by Panel Member S. Makuch, seconded by Panel Member S. Gopikrishna (Carried)

TLAB 21.2                                   INFORMATION                              RECEIVED

Toronto Local Appeal Body – Supervisor Staff Report

 

Panel Decision

The Toronto Local Appeal Body set dates for 2019 Public Meetings and received the TLAB Supervisor’s Staff Report.

 

Decision Advice and Other Information

Proposed Business Meeting Schedule

The Proposed schedule for 2019 Meetings were detailed, having been based on room availability and scheduled hearings.  The panel discussed a variety of dates based on member availability.  The public meetings for 2019 were confirmed as follows:

  • 1st Quarter: March 4, 2019
  • 2nd Quarter: May 17, 2019
  • 3rd Quarter: August 13, 2019
  • 4th Quarter: December 10, 2019

Holidays

A supplementary document was provided to Members regarding holidays and non-presiding dates.

Case Management

Administration would like a list from all Members detailing potential conflicts, in order for TLAB to track when scheduling.  It is ultimately the Member’s responsibility to view the People List in advance to determine whether any conflicts are present.  Discussion ensued regarding when a conflict of interest ends.  Mr. Yao suggested a training session from Duxbury regarding conflict of interest.  Duxbury will provide a memo or further discussion regarding this at no further cost to TLAB.

 

Summary

The 2019 public meetings have been set for March 4, May 17, August 13, and December 10, 2019.  The list of holidays and non-presiding dates has been provided to the members.  Conflict of interest parameters for TLAB members will be provided by Duxbury Law at a future date.

 

Support Documents

November 28, 2018 – Proposed 2019 Business Meeting Schedule

November 28, 2018 – Proposed 2019 Hearing Schedule

 

Motions

Motion to adopt the four proposed dates for the 2019 public meeting schedule, moved by Panel Member T. Yao, seconded by Panel Member S. Gopikrishna (Carried).

 

Motion to accept TLAB Supervisor’s Staff Report, moved by Panel Member S. Makuch, seconded by Panel Member G. Burton (Carried)

TLAB 21.3                                      INFORMATION                         RECEIVED

TLAB 21.3 Toronto Local Appeal Body – Procedural By-law Amendments

Panel Decision

The Toronto Local Appeal Body accepted the proposed revisions to the Procedural By-law 1-2017 to achieve conformity with the City of Toronto Act regarding balloting.

 

Decision Advice and Other Information

Court Services Policy Planning and Project Advisor Russ Brownell detailed required revisions of the Procedural By-law regarding the balloting process.

Mr. Brownell consulted with City Legal regarding the November 23, 2018 amendment to the Procedural By-law, which the TLAB had directed to close the ballot process for elections.  This revision was not in line with the City of Toronto Act, and thus voting using closed ballots does not meet the standards required.  Therefore the amendments made in November must be reversed.  Duxbury Law recommended adding an amendment that members are not obligated to vote, which would insulate a member from having their vote exposed.

 

Summary

Court Services Policy Planning and Project Advisor Russ Brownell presented revisions to the Procedural By-law for the Toronto Local Appeal Body Panel for review and final adoption.

 

Supporting Documents

Toronto Local Appeal Body – Procedural By-law

 

Motions

Motion to accept new revisions to the Procedural By-law, moved by G. Burton, seconded by S. Gopikrishna (Carried)

TLAB 21.4                                   ACTION                                        ADOPTED

Toronto Local Appeal Body – Election of Vice – Chair

 

Panel Decision

The Toronto Local Appeal Body elected Panel Member Dino Lombardi as Vice Chair of TLAB.

 

Decision Advice and Other Information

The Toronto Local Appeal Body held an election for Vice Chair. Chair Lord confirmed the request for nominations. Three calls were placed to determine any members declaring to be a nominee.  The only member to put forward a nomination was Panel Member D. Lombardi.  Mr. Lombardi spoke to the nomination and what he hoped to work on as Vice Chair.  The effective date for the Vice Chair position is January 1, 2019.

 

Motions

Motion to elect D. Lombardi as Vice Chair, moved by S. Makuch, seconded by S. Gopikrishna (Carried)

TLAB 21.5                                        INFORMATION                                ADOPTED

Toronto Local Appeal Body – Revised Rules of Practice and Procedure (Revised Draft Rules 1 to 30)

 

Panel Decision

The Toronto Local Appeal Body considered and received the final revised draft version of TLAB’s Rules of Practice and Procedure (Rule 1 through 30) drafted by legal counsel.

 

Decision Advice and Other Information

Rules 1-30 were sent back to legal counsel for revisions and were put forward to the Panel for review. Duxbury Law provided comment on the major changes they had made:
• 21.5 – Created the definition of Vice Chair;
• 13.7 – Clarified the participant role, including that Participants may be called as Witnesses, may ask clarifying questions of witnesses, and can make oral statements in accordance with the participant witness statement;
• 14.3 – Clarified that representatives can call evidence and cross examine witnesses;
• 16.2 – Extended the timelines for public to disclose documents and file witness statements to 60 days in order to minimize repetitive disclosure and eliminate the disclosure of huge documents; This was to address public feedback that timelines are too strict, and to improve administration of disclosed documents;
• 16.3 – Provides that failure to disclose a document by the deadline permits TLAB to disallow the document; Panel moved to revise further so that TLAB “may” disallow late documents on and objection;
• 16.4 – Carried through 60 day deadline, renaming Witness Statement as “Party Witness Statement, with a right of response and reply to the Party Witness Statement;
• 16.7 – Revised to clarify that Participants must file a Participant Witness Statement to meet full disclosure obligations;
• 16.5 – Updated so that Parties and Participants are not obligated to respond to Participant Witness Statements;
• 17.6 – Changed the process for written motions;
• 25.6 – Clarified the requirements for a summons and added additional details as to what is being asked in the summons; Members moved to revise wording further.
• 30.2 – Drafted the new rule for parties to seek clarification from a member regarding decisions; Panel moved that Duxbury should further revise the wording regarding clarification of a Member’s Final Decision;

T. Yao suggested that Rule 17.7 should have particular reference to the location of a motion only if a motion is to be held orally. The Panel moved to accept this revision.

 

Summary

Legal Counsel provided updates regarding the revisions of the Rules of Practice and Procedure. These changes clarified definitions, roles and responsibilities under the rules, adjusted deadlines, and clarified certain rules.

 

Motions

Motion to receive legal counsel changes to rule 1-30 moved by Panel Member S. Makuch, seconded by Panel Member D. Lombardi (Carried).

TLAB 21.6                                INFORMATION                                ADOPTED

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

 

Panel Decision

The Toronto Local Appeal Body accepted the recommendations and report by Duxbury regarding changes to Rule 31 of the Rules of Practice and Procedure, regarding Requests for Review.

 

Decision Advice and Other Information

 

TLAB 21.7                                INFORMATION                              DEFERRED

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

 

Panel Decision

The Toronto Local Appeal Body deferred adopting the Rules Revision to the next Public Meeting.

 

Supporting Documents

Toronto Local Appeal Body – Draft Rules of Practice and Procedure (Rules 1 – 31 – Draft Revised November 28, 2018)

Comparison Document with tracked changes (Rules 1 – 31) – TLAB Rules of Practice and Procedure (Adopted May 3, 2017)  vs. Draft Revised November 28, 2018

 

Motions

Motion to accept Rules 1-30 as presented and amended, moved by Panel Member G. Burton (failed)

 

Motion to defer the Rules Revision adoption to the next Public Meeting, subject to the preparation of the policy principles, moved by Panel Member S. Gopikrishna, seconded by Panel Member D. Lombardi (Carried)

TLAB 21.8                                INFORMATION                              DEFERRED

Toronto Local Appeal Body – Revised Draft Forms

 

Panel Decision

The Toronto Local Appeal Body directed staff to continue revising the forms.

 

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

 

Motions

Motion directing staff to continue the process of revising forms, moved by Panel Member S. Makuch, seconded by Panel Member G. Burton (Carried)

 

Motion to defer finalization of the forms to the next Public Meeting, moved by S. Makuch, seconded by S. Gopikrishna (Carried)

TLAB 21.9                                  INFORMATION                     DEFERRED

Toronto Local Appeal Body – Updates

Panel Decision

The Toronto Local Appeal Body deferred receiving updates to the next business meeting.

 

Motions
Motion to defer updates to the next meeting, moved by Panel Member S. Makuch, seconded by Panel Member G. Burton (Carried)

Meeting Sessions

Session Date Session Type Start Time End Time Public or Closed Session
December 5, 2018 Morning 9:30 a.m. 11:16 a.m. Public
December 5, 2018 Morning 11:35 a.m. 1:08 p.m. Public
December 5, 2018 Afternoon 1:55 p.m. 5:24 p.m. Public

 

Attendance

Members were present for some or all of the time period indicated.

Date and Time Quorum Panel Members
December 5, 2018 Present Present: Ian Lord (Chair), Gillian Burton, Ted Yao, Stanley Makuch, Dino Lombardi, Sabnavis Gopikrishna
December 5, 2018 Present Present: Ian Lord (Chair), Gillian Burton, Ted Yao, Stanley Makuch, Dino Lombardi, Sabnavis Gopikrishna
December 5, 2018 Present Present: Ian Lord (Chair), Gillian Burton, Ted Yao, Stanley Makuch, Dino Lombardi, Sabnavis Gopikrishna

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

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

Joshua Pesce
Support Assistant B
Toronto Local Appeal Body, Court Services