Meeting Date: Wednesday, June 14, 2017
Time: 9:00 a.m.
Email: tlab@toronto.ca
Location: York Civic Centre 2700 Eglinton Avenue West Toronto, Ontario M6M 1V1
Room: Council Chamber
Chair: Ian Lord
Contact: Hsing Yi Chao
Phone: 416-338-2734
•Declaration of Interest under the Municipal Conflict of Interest Act
None declared
•Confirmation of Minutes – May 3rd, 2017
Motion to adopt Minutes from May 3rd, 2017 moved by Panel Member S. Gopikrishna and seconded by Panel Member T. Yao. (Carried)
TLAB 7.1 ACTION WITHDRAWN
Panel Decision
Panel Member T. Yao withdrew his motion to request an amendment to the LSUC By-law.
Origin
Submissions from Ted Yao, TLAB Panel Member, on amendments to Public Guide.
Summary
Deferred Motion from May 3, 2017 made by Panel Member T. Yao on requesting an amendment to the Law Society of Upper Canada By-law. After the discussion that arose during the May 3rd meeting Panel Member Yao referred the matter to the section of the Law Society involved with paralegal regulation. They concluded that an amendment to the by-law was unnecessary and as a result Panel Member Yao requested that his motion be withdrawn.
Background Information and Additional Resources
(May 1, 2017) Submissions from Ted Yao, TLAB Panel Member, on amendments to Public Guide
TLAB 7.2 ACTION ADOPTED
Panel Decision
Adopted the Guiding Principles of the Toronto Local Appeal Body.
Origin
Guiding Principles of the Toronto Local Appeal Body
Summary
Guiding Principles, previously received from the City Manager’s Office on March 1st, 2017 by the Toronto Local Appeal Body Panel Members, to be presented to the Toronto Local Appeal Body for adoption.
Background Information and Additional Resources
(February 21 2017) Guiding Principles for the Local Appeal Body
Motions
1. Motion to adopt the Guiding Principles of the Toronto Local Appeal Body moved by Panel Member G. Burton and seconded by Panel Member L. McPherson. (Carried)
TLAB 7.3 ACTON ADOPTED
Panel Decision
Panel Members approved the draft response to City of Toronto Legal Services as amended.
Panel Members deferred consideration of any changes to the Rules of Practice and Procedure until spring 2018 to provide a suitable evaluation period.
Origin
Correspondence from City of Toronto Legal Services
Draft Response prepared for discussion and direction
Decision Advice and Other Information
Panel Members received a deputation from Nathan Muscat, City Solicitor regarding the draft response that has been prepared for discussion. Staff in Legal Services have had the opportunity to review the draft response and examine alternatives to meet the timelines established in the TLAB Rules of Practice and Procedure. Staff have identified the Notice of Intention to be a Party/Participant deadline of 20 days after the Notice of Hearing as problematic because it requires Council approval. Staff will have delegated authority during the summer recess but this problem could start to arise in the fall. Legal Services have indicated that exempting the City from the Notice of Intention deadline would alleviate this issue because the subsequent deadlines in the appeals process are achievable. Alternatively, the Rules of Practice and Procedure could be amended to exempt the City from motions compelling a Party to stay involved in an appeal.
Summary
A discussion and direction for response by the Toronto Local Appeal Body Panel Members on the correspondence received from City of Toronto Legal Services addressing the Toronto Local Appeal Body’s Rules of Practice and Procedure.
Background Information and Additional Resources
(May 2, 2017) Correspondence from City of Toronto Legal Services
(June 6, 2017) Draft Response prepared for discussion and direction
Motions
1. Motion to approve draft response to City of Toronto Legal Services moved by Panel Member T. Yao and seconded by Panel Member G. Burton. (Carried)
TLAB 7.4 ACTION ADOPTED
Panel Decision
Panel Members approved the Draft Response to the OBA, subject to further editorial review.
Origin
Correspondence from Ontario Bar Association’s Municipal Law Section
Draft Response prepared for discussion and direction
Summary
Panel Members reviewed and discussed the Draft Response to the OBA. Minor editorial changes were made to the document prior to approval.
Background Information and Additional Resources
(May 2, 2017) Correspondence from Ontario Bar Association’s Municipal Law Section
(June 6, 2017) Draft Response prepared for discussion and direction
Motions
1. Motion to adopt the Draft Correspondence to the OBA subject to further editorial review moved by Panel Member T. Yao and seconded by Panel Member G. Burton. (Carried)
TLAB 7.5 ACTION ADOPTED
Panel Decision
Panel Members adopted Practice Direction No. 1 as amended.
Origin
Practice Direction No. 1
Summary
Panel Members discussed and made minor editorial changes to the Draft Practice Direction No. 1 prior to adoption.
Background Information and Additional Resources
(June 6 2017) Practice Direction No. 1
Motions
1. Motion to adopt Draft Practice Direction No. 1 moved by Panel Member S. Gopikrishna and seconded by Panel Member T. Yao. (Carried)
TLAB 7.6 ACTION ADOPTED CLOSED SESSION
Panel Decision
Panel Members approved the staff recommendation regarding external legal counsel.
Origin
Staff Report re: RFP# 9134-17-7159
Summary
Panel Members received a presentation and directed questions toward Russ Brownell, Policy PIanning and Project Advisor, Court Services, regarding the evaluation process for selecting external legal counsel. Panel Members approved the recommendation contained in the staff report.
Background Information and Additional Resources
(June 7 2017) Staff Report
Motions
1. Motion to meet in closed session moved by moved by Panel Member S. Bryson and seconded by Panel Member T. Yao. (Carried)
10:45 am – That the Toronto Local Appeal Body recess its public meeting to meet in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose and due to items containing personal information about an identifiable individual.
2. Motion to reconvene in Public Session moved by Panel Member L. McPherson and seconded by Panel Member by S. Gopikrishna. (Carried)
3. Motion to adopt staff recommendation as outlined in staff report on external legal services for TLAB prepared by Susan Garossino, Acting Director, dated June 7, 2017 moved by Panel Member L. McPherson and seconded by Panel Member S. Gopikrishna. (Carried)
TLAB 7.7 ACTION RECEIVED CLOSED SESSION
Confidential Attachment – The education or training of the Members
Panel Decision
Panel Members received the confidential presentation for information.
Panel Members directed staff to supply a schedule of holidays used by the OMB and City Council.
Decision Advice and Other Information
The Toronto Local Appeal Body recessed at 2:05 PM to meet in closed session as this item relates to training and education of Panel Members.
A confidential legal training session led by TLAB Chair, Ian Lord included training material which was reviewed and discussed by the Panel Members.
Summary
A legal training session for the Toronto Local Appeal Body Panel Members led by the Toronto Local Appeal Body Chair, Ian Lord.
Motions
1. Motion to meet in closed session moved by Panel Member S. Gopikrishna and seconded by Panel Member L. McPherson. (Carried)
2:05 PM – That the Toronto Local Appeal Body recess its public meeting to meet in closed session to consider this item as it relates to the education or training of the members.
2. Motion to reconvene in Public Session moved by Panel Member S. Gopikrishna and seconded by Panel Member G. Burton. (Carried)
3. Motion to receive information for the purpose of training and information moved by Panel Member L. McPherson and seconded by Panel Member S. Bryson. (Carried)
Meeting Sessions
| Session Date | Session Type | Start Time | End Time | Public or Closed Session |
| June 14th, 2017 | Morning | 9:11 AM | 10:45 AM | Public |
| June 14th, 2017 | Morning | 10:45 AM | 11:19 AM | Closed |
| June 14th, 2017 | Morning | 11:19 AM | 11:20 AM | Public |
| June 14th, 2017 | Recess | 11:20 AM | 11:31 AM | |
| June 14th, 2017 | Morning | 11:31 AM | 1:01 PM | Public |
| June 14th, 2017 | Recess | 1:01 PM | 1:55 PM | |
| June 14th, 2017 | Afternoon | 1:55 PM | 2:05 PM | Public |
| June 14th, 2017 | Afternoon | 2:05 PM | 4:55 PM | Closed |
| June 14th, 2017 | Afternoon | 4:55 PM | 4:59 PM | Public |
Attendance
Members were present for some or all of the time period indicated.
| Date and Time |
Quorum | Panel Members |
| June 14th, 2017
9:11 AM to 10:45 AM (Public Session) |
Present | Present: Ian Lord (Chair), Susan Bryson, Gillian Burton, Sabnavis Gopikrishna, Laurie McPherson, Ted Yao
Sophia Ruddock (Videoconference) |
| June 14th, 2017
10:45 AM to 11:19 AM (Closed Session) |
Present | Present: Ian Lord (Chair), Susan Bryson, Gillian Burton, Sabnavis Gopikrishna, Laurie McPherson, Ted Yao
Sophia Ruddock (Videoconference) |
| June 14th, 2017
11:19 AM to 11:20 AM (Public Session) |
Present | Present: Ian Lord (Chair), Susan Bryson, Gillian Burton, Sabnavis Gopikrishna, Laurie McPherson, Ted Yao
Sophia Ruddock (Videoconference) |
| June 14th, 2017
11:31 AM to 1:01 PM (Public Session) |
Present | Present: Ian Lord (Chair), Susan Bryson, Gillian Burton, Sabnavis Gopikrishna, Laurie McPherson, Ted Yao
Sophia Ruddock (Videoconference) |
| June 14th, 2017
1:55 PM to 2:05 PM (Public Session) |
Present | Present: Ian Lord (Chair), Susan Bryson, Gillian Burton, Sabnavis Gopikrishna, Laurie McPherson, Ted Yao
Sophia Ruddock (Videoconference) |
| June 14th, 2017
2:05 PM to 4:55 PM (Closed Session) |
Present | Present: Ian Lord (Chair), Susan Bryson, Gillian Burton, Sabnavis Gopikrishna, Laurie McPherson, Ted Yao
Sophia Ruddock (Videoconference) |
| June 14th, 2017
4:55 PM to 4:59 PM (Public Session) |
Present | Present: Ian Lord (Chair), Susan Bryson, Gillian Burton, Sabnavis Gopikrishna, Laurie McPherson, Ted Yao
Sophia Ruddock (Videoconference) |
| Russ Brownell
Policy PIanning and Project Advisor Court Services |
| Hsing Yi Chao
Secretary and A/Supervisor Toronto Local Appeal Body, Court Services |
| Angela Bepple
Support Assistant A Toronto Local Appeal Body, Court Services |
| Robert Keel
Summer Policy Student Toronto Local Appeal Body, Court Services |