Meeting Date: Wednesday, July 4, 2018
Time: 9:30 a.m.
Email: tlab@toronto.ca
Location: East York Civic Centre, 850 Coxwell Avenue, Toronto, Ontario M4C 5R1
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 – January 26, 2018, April 18, 2018, and May 30, 2018
1. Motion to adopt minutes of January 26, 2018, moved Panel Member L. McPherson, seconded Panel Member G. Burton (carried)
2. Motion to adopt minutes of April 18, 2018, moved Panel Member S. Gopikrishna, seconded Panel Member T. Yao (carried)
3. Motion to adopt minutes of May 30, 2018, moved Panel Member L. McPherson, seconded Panel Member D. Lombardi (carried)
TLAB 14.1 INFORMATION RECEIVED
Panel Decision
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 received to date. The panel was also advised that a new protocol will be implemented to address late hearings absent staff support, with training to be provided on the protocol.
Decision Advice and Other Information
The TLAB has officially moved into the newly renovated space in suite 253.
Hsing Yi Chao provided an administrative update to the TLAB. In the month of June appeal files have increased steadily to range approximately in the mid to late forties in terms of the number of appeals filed. In terms of scheduling of hearings from the time the matter is received (at TLAB) to the time the notice of hearing is processed to the hearing date, the overall all average time is approximately 112 days. When incorporating the number of days for the matter to be disposed of the approximate time is 165 days from the date the case is received from the committee of adjustment. When reviewing the assigned distribution, as of June 26th 2018 administration has been booking hearings into early September. Member distribution is not even due to differences in scheduling, but should be resolved by year end. Currently, cases are being scheduled into mid-October, given the increase of appeals being submitted to the TLAB.
In other updates provided, Panel Members will be provided with individual identification access cards to access the new secured space. Hsing Yi Chao has indicated plans to provide Panel Members with support after business hours. A protocol with corporate security will be created and provided to all members in the event staff are not available. Panel Members have been advised to ensure that the public is completely out of the room prior to leaving the area, and to ensure the main entrance door is completely closed. Contact information will be provided with a written protocol in all hearing rooms. In a few weeks’ time all Panel Members will be given formal orientation of the new space as a collective, as well as individually.
T. Yao brought up his concern around obtaining the DAR file after the hearing is complete. Ms. Chao informed Mr. Yao that in lieu of receiving the DAR file on their USB device the same evening, staff are able to provide the recording first thing the following morning by electronically sending through the secured city website. The site is easily accessible and easy to navigate by the user. If not, then the member can return to the office to have staff upload the file to their respective USB device.
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
July 4 2018 – Administrative Update
Motions
1. Motion to accept report from administration staff moved by Panel Member G. Burton, seconded by Panel Member D. Lombardi (Carried).
TLAB 14.2 INFORMATION RECEIVED
Panel Decision
The Toronto Local Appeal Body received the 2017 Annual Report by the Office of the Integrity Commissioner of the City of Toronto.
Decision Advice and Other Information
Panel member Burton wanted clarification on whether municipal Councillors would engage directly with the TLAB. Chair Lord indicated that the original recommendation by the Office of the Integrity Commissioner was not to engage with the tribunal, to which council neither adopted nor refused the recommendation. Since then there has been no direct engagement from council to the TLAB, only the request for the TLAB to go to the community to discuss the tribunal.
Summary
Office of the Integrity Commissioner Annual Report – 2017 is provided to the Toronto Local Appeal Body for information.
Background Information
February 21, 2018 – Office of the Integrity Commissioner Annual Report – 2017
Motions
1. Motion to receive the 2017 Annual Report by the Office of the Integrity Commissioner, moved by Panel Member L. McPherson, seconded by Panel Member T. Yao (Carried).
TLAB 14.3 ACTION ADOPTED
Panel Decision
The Toronto Local Appeal Body confirmed changes to the start time of hearings and approved a start time amendment to the Form 2 – Notice of Hearing. The new start time for hearings is 9:30 a.m., which will be reflected on Notice of Hearing forms.
Summary
The Toronto Local Appeal Body Panel to confirm changes to the start time of hearings and approve the start time amendment to the Form 2 – Notice of Hearing.
Background Information
July 4, 2018 – Form 2 – Notice of Hearing (Revised)
Motions
1. Motion to adopt amendment for Form 2 – Notice of Hearing. Start time to be amended to 9:30 a.m. Moved Panel Member G. Burton, seconded by Panel Member S. Gopikrishna (Carried)
TLAB 14.4 ACTION ADOPTED
Panel Decision
The Toronto Local Appeal Body discussed the admissibility of late documents in the course of the TLAB process. The members devised changes to the Form 2 to clarify that late documents will be marked such, and will be dealt with by a panel member.
Decision Advice and Other Information
The Toronto Local Appeal Body discussed how to handle new filings submitted after the requisite deadlines. Direction and protocol is to be established and communicated to staff and the public. External legal counsel recommended that as new materials are varied and circumstantial, a formal rule or protocol is restrictive.
Members identified that there is no overt direction on late filings, and that filings received after mandatory date or during the hearing are in a vacuum. Late filings are to be discouraged to avoid trial by ambush, and Parties have the right to object to late filings. There otherwise is no sanction or control in rules other than what an individual member assesses.
A variety of options were discussed by the members as to how best to handle late submissions, such as by creating a new rule or practice direction, dealing with them at the beginning of the hearing at the member’s discretion, having administrative staff deal with them, or rejecting them outright.
Hsing Yi Chao described the process that staff currently use to process late filings, which is to date stamp them as the date received and save to the file.
It was decided by the Toronto Local Appeal Body that the Form 2 Notice of Hearing would be modified to state that late filings are marked as such by staff to be accepted only by leave of the member in accordance with the Rules.
Summary
The Toronto Local Appeal Body Panel to discuss how to handle new filings submitted after the requisite deadlines. Direction and protocol to be established and communicated to staff and the public.
Motions
1. Motion – that Form 2 be modified to state: Any filings of materials after the established dates set on this Notice of Hearing are to be identified. Late filings so identified by staff are admissible only with the leave of the member in accordance with the Rules. Moved by Panel Member L. McPherson , seconded by Panel Member T. Yao (Carried)
2. Motion – that staff be requested to explore measures to make the listing of documents more user friendly in a manner that identifies submitter materials, chronological listings, file categories or otherwise. Moved by Panel Member L. McPherson, seconded by Panel Member S. Makuch (Carried)
TLAB 14.4 ACTION ADOPTED
Panel Decision
The Toronto Local Appeal Body modified the dates of the business meeting schedule for 2018 to better support the timeline of the Rules Revision.
Decision Advice and Other Information
The July 31, 2018 Business Meeting will be to review the first full draft version of the reviewed rules. The Business Meeting of September 12, 2018 has been cancelled, with a new date set for September 10, 2018.
Summary
The Toronto Local Appeal Body Panel to discuss timelines concerning the revisions to the Rules of Practice and Procedures including any revisions in meetings dates to support the timeline.
Motions
1. Motion – to change September 12, 2018 meeting to September 10, 2018 moved by Panel Member G. Burton, seconded by Panel Member S. Makuch (Carried)
TLAB 14.6 INFORMATION RECEIVED
Panel Decision
The Toronto Local Appeal Body received the written submission of SAHRA Toronto, submitted June 1, 2018.
Summary
The Toronto Local Appeal Body to receive and consider written submissions concerning the TLAB’s Rules of Practice and Procedures received after May 30, 2018.
Background Information
June 1, 2018 – Written Submission – SAHRA Toronto
Motions
1. Motion to receive the written submission provided by SAHRA Toronto on June 1, 2018 moved by Panel Member L. McPherson, seconded by Panel Member D. Lombardi (Carried)
TLAB 14. 7 ACTION DEFERRED
Panel Decision
The Toronto Local Appeal Body discussed a matter put forward by member D. Lombardi regarding the workload and remuneration of the Panel Members. Discussion was deferred to a later date.
Decision Advice and Other Information
Member D. Lombardi brought forward a motion to include the discussion panel member workload and remuneration, which was carried by the members. D. Lombardi suggested that compensation for work on cases and decision should be higher, and that there should be more administration services such as transcription that would save members time.
Chair Lord indicated that meetings have been held with Court Services to raise the issue of remuneration and to identify areas of strain for members and administrative staff. The annual Report and recommendations will be provided to council at their July 17, 2018 meeting specifically around increasing the complement and hiring a vice-chair to ease the work load.
Member McPherson discussed ensuring even distribution of multi-file matters (consent files with associated minor variances) to members. In addition, Member McPherson indicated that some members are working seven days a week on their case load.
Susan Garossino, Director of Court Services, clarified that rates of compensation were arrived at by looking at the compensation model of the Ontario Municipal Board (now Local Planning Appeal Tribunal). Current rates are public information, and Court Services and City Clerks are reviewing those amounts. Membership on Tribunals are public appointments, not employment, and sole authority for compensation lies with City Council. TLAB amounts will be compared with those for other Tribunals. The closest comparison is LPAT, which has a lower per diem rate than TLAB.
Member Yao suggested other ways to work towards solutions. For example, the OMB considered minor variances simple matters. Not everything is a “treatise” – that’s not readable or helpful. Rather, members of the public just want to know why a matter is granted or not granted. Member Yao also suggested that having an editor on staff would be helpful.
Chair Lord commented that decision length is influenced by external obligations for which there may not be much flexibility. Members are improving at not repeating evidence. It is important not to shorten decisions where it is communicated to “loser” why they lost. Shorter descriptions may lead to more review requests – TLAB is getting almost one review request per month. Chair review of decisions before issuing was to create consistency, which is occurring. He would like to get to the stage of having no reviews.
Motions
1. Motion to add new agenda item as proposed by Dino Lombardi with respect to remuneration and concerns raised, moved by Panel Member S. Makuch, seconded by Panel Member S. Gopikrishna (Carried).
2. Motion to defer agenda item to next business meeting, moved by Panel Member S. Makuch, seconded by Panel Member S, Gopikrishna (Carried)
Meeting Sessions
| Session Date | Session Type | Start Time | End Time | Public or Closed Session |
| July 4, 2018 | Morning | 9:30 am | 11:58 am | Public |
Attendance
Members were present for some or all of the time period indicated.
| Date and Time |
Quorum | Panel Members |
| July 4, 2018
9:30 am to 11:58 am (Public Session) |
Present | Present: Ian Lord (Chair), Gillian Burton, Sabnavis Gopikrishna, Stanley Makuch, Laurie McPherson,Ted Yao, Dino Lombardi |
Susan Garossino
Director
Court Services
Hsing Yi Chao
Secretary / Supervisor
Toronto Local Appeal Body, Court Services
Angela Bepple
Support Assistant A
Toronto Local Appeal Body, Court Services
Nathalie Forde
Support Assistant B
Toronto Local Appeal Body, Court Services