Minutes: September 10, 2018

TLAB 17.1 Toronto Local Appeal Body – Chair's Update

TLAB 17.1                              INFORMATION                              RECEIVED

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Toronto Local Appeal Body – Chair’s Update

• Purpose of meeting is to approve rules revisions in advance of the October 29, 2018 meeting.
• Judicial Reviews:  2 applications  1912 Queen St E. (divisional court dismissed), 9 Thirty Eighth St (still in progress).
• Status of Reviews in Progress: Four of them have been completed with posted decisions, fifth is completed but not yet posted. Five to date.
• Complaint received to the Privacy Commissioner in the publication of certain documents by TLAB, matter is being shepherd by City Clerk’s Office.

 

Summary

Toronto Local Appeal Body Chair, Ian Lord, to provide opening remarks and provide the Panel with an update on Tribunal business.

 

Motions

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

 

TLAB 17.2 Toronto Local Appeal Body – Correspondence

TLAB 17.2                              INFORMATION                              RECEIVED

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Decision Advice and Other Information

The Toronto Local Appeal Body received the correspondences as information.

Summary

The Toronto Local Appeal Body to receive correspondence from City Council, members of the public, stakeholders and/or professionals.

Supporting Documentation

(April 26, 2018)  PE25.1 – Tree Protection through the Committee of Adjustment Process

(May 4, 2018)  PG28.6 – Toronto Local Appeal Body (TLAB) Rules of Practice and Procedure Review Written Submissions

(July 9, 2018)  PG30.10 – Toronto Local Appeal Body – Chair’s 2017 Annual Report

(August 13, 2018)  EX36.10 – Executive Committee Item 36.10 – Toronto Local Appeal Body – Request for Composition Increase and Appointment of a Vice-Chair

Motions

1. Motion to receive the correspondence as information moved by Panel Member L. McPherson, seconded by Panel Member S. Gopikrishna(Carried)

17.3 Toronto Local Appeal Body - Updates from Administrative Staff

TLAB 17.3                              INFORMATION                              RECEIVED

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Toronto Local Appeal Body – Updates from Administrative Staff

 

Decision Advice and Other Information

• Hsing Yi Chao, Supervisor, advised that the numbers presented have changed based on Panel’s direction from the last meeting.
  • August, received a total of 32 applications, resulting in 11 hearings being scheduled
• Broad overview of TLAB
  • August:  30 hearings scheduled with about a 4 day delay from CoA to TLAB
  • On average though, there is a two week window from when an Appeal closes with CoA to when TLAB receives the file
  • Average turnaround time between the issuance of Notice of Hearing to the Hearing Date:  August was 110 days;  the ultimate goal is to get to 100 day turnaround time service standard
• Turnaround time for decisions being issued:  Taking Panel direction from the previous meeting, outliers have been identified.
• Other updates
  • If public wants combined PDF decisions, there is the ability to request a package to be compiled.
  • List of decisions based on name and address is also available.

Summary

Court Services administrative staff to provide an update to the Toronto Local Appeal Body on:

Number of TLAB Appeals received to date

Number of TLAB Hearings scheduled to date

Average number of days to dispense of matter

 

Background Information

September 10, 2018 – Administrative Update

 

Motions

1. Motion to receive administrative update from Hsing Yi Chao, Supervisor, as informationmoved by Panel Member T. Yao, seconded by Panel Member S. Makuch (Carried)

17.4 Toronto Local Appeal Body – Election of a Vice-Chair Process Update

TLAB 17.4                              INFORMATION                              RECEIVED

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Decision Advice and Other Information

• Definition changes: made certain to show that the Vice Chair is an elected position among the members.
• Section 6: Duties of the Vice Chair added
  • They will chair meetings in absence of the Chair, and they will take over Business meeting operations at the direction of the Chair
• Section 7: Process of the election of the Vice Chair
  • Elected among TLAB members at the first Business Meeting of the new term
• Regarding Notification: Vice Chair election will be finalized via email
  • Nominees will have the ability to make their case, gives them a chance to prepare
  • Election will be made by ballot
• Section 13: Procedure around Chair absence
  • If the Chair is absent, the Vice Chair will take over; if both are unavailable the TLAB will appoint a temporary replacement.

Summary

Russ Brownell, Policy PIanning and Project Advisor, Court Services, to provide an update on the election of a vice-chair process.

Motions

• Motion to receive the draft revisions as information moved by Panel Member T. Yao,  seconded by Panel Member S. Gopikrishna (Carried)

17.5 Toronto Local Appeal Body – Consultation with Legal Counsel (Continuation)

TLAB 17.5                              INFORMATION                              RECEIVED

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Panel Decision

The Toronto Local Appeal Body consulted with external legal counsel  and received advice on the revisions of the Toronto Local Appeal Body’s Rules of Practice and Procedures.

 

Decision Advice and Other Information

The Toronto Local Appeal Body recessed at 11:18 am to meet in closed session as this item relates to the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

 

Summary

The Toronto Local Appeal Body to continue its consultation with legal counsel on the revisions of the Toronto Local Appeal Body’s Rules of Practice and Procedure.

(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.)

 

Supporting Documentation

Ted Yao – Confidential Attachment

Duxbury Law – Confidential Attachment

 

Motions

1. Motion to meet in closed session moved by Panel Member T. Yao and seconded by Panel Member L. McPherson. (Carried)
   11:18 a.m. – That the Toronto Local Appeal Body recess its public meeting to meet in closed session to consider this item as it relates to the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
2. Motion to reconvene in Public Session moved by Panel Member S. Makuch and seconded by Panel Member S. Gopikrishna. (Carried)
3. Motion to receive the advice by Legal Counsel, Duxbury Law, on revisions of TLAB’s Rules of Practice and Procedure and related matters as information moved by Panel Member S. Makuch and seconded by Panel Member L. McPherson. (Carried)
4. Motion to receive Panel Member Yao’s submission on TLAB’s Rules of Practice and Procedure as information moved by Panel Member S. Makuch, seconded by Panel Member G. Burton (Carried).
5. Motion to reconvene a new meeting for follow up discussions on TLAB’s Rules of Practice and Procedures moved by Panel Member S. Makuch, seconded by Panel Member G. Burton (Carried).

 

Meeting Sessions & Attendance

Meeting Sessions

Session Date	Session Type	Start Time	End Time	Public or Closed Session
September 10 2018	Morning	9:43 am	11:07 am	Public
September 10 2018	Recess	11:07 am	11:18 am
September 10 2018	Morning	11:18 am	11:18 am	Public
September 10 2018	Morning	11:18 am	1:19 pm	Closed
September 10 2018	Morning	1:19 pm	1:21 pm	Public

 

Attendance

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

Date and Time	Quorum	Panel Members
September 10 2018 9:43 am to 11:07 am (Public Session)	Present	Present: Ian Lord (Chair), Gillian Burton, Sabnavis Gopikrishna, Stanley Makuch, Laurie McPherson,Ted Yao Absent:  Dino Lombardi
September 10, 2018 11:18 am to 11:18 am (Public Session)	Present	Present: Ian Lord (Chair), Gillian Burton, Sabnavis Gopikrishna, Stanley Makuch, Laurie McPherson,Ted Yao Absent:  Dino Lombardi
September 10, 2018 11:18 am to 1:19 pm (Closed Session)	Present	Present: Ian Lord (Chair), Gillian Burton, Sabnavis Gopikrishna, Stanley Makuch, Laurie McPherson,Ted Yao, Dino Lombardi
September 10 2018 1:19 pm to 1:21 pm (Closed Session)	Present	Present: Ian Lord (Chair), Gillian Burton, Sabnavis Gopikrishna, Stanley Makuch, Laurie McPherson,Ted Yao, Dino Lombardi

 

Staff Attendance

Russ Brownell
Policy Planning and Project Advisor
Court Services

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