Minutes: March 4, 2019

TLAB 22.1 Toronto Local Appeal Body - Chair's Update

TLAB 22.1                                                                                        INFORMATION                                                                                        RECEIVED

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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 a number of items:

Item 1) The Chair’s annual report is prepared in draft and circulated to the members.  Some of the recommendations for 2018 are of questionable relevance given that a report on tribunal remunerations is heading to council for consideration.  D. Lombardi commented that member remuneration has been raised at prior meetings, including such things as coffee.

Item 2) With respect to review requests, there have been approximately one per month, most having been dealt with. The fee referenced in Rule 31.5 does not currently exist, as Council has not approved a fee.  The anatomy of the Review rule has been considerably reshaped.  Any current reviews fall under the old Rules.

Item 3) Duxbury Law provided a factual update on leave applications to Divisional Court.  There is one outstanding leave application that they are monitoring to see how it might affect TLAB jurisdiction, with not much to report. One leave has been granted but has not yet been heard.

Item 4) Welcome of D. Lombardi as the Vice Chair of TLAB.

 

Summary

The Toronto Local Appeal Body Chair, Ian Lord, provided opening remarks and an update on the Chair’s annual report, review requests, leaves to appeal to Divisional Court, and the appointment of D. Lombardi as Vice Chair of TLAB.

 

Motions

Motion to receive Chair’s updates as information,  moved by Panel Member J. Tassiopoulos, seconded by Panel Member G. Burton (Carried).

 

Supporting Documents

February 2019 – TLAB Revised Principles (Draft) 

TLAB 22.2 Toronto Local Appeal Body - Supervisor Staff Report

TLAB 22.2                                                                                        INFORMATION                                                                                        RECEIVED

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Toronto Local Appeal Body – Supervisor Staff Report

 

Panel Decision

The Toronto Local Appeal Body received an update from TLAB Supervisor Hsing Yi Chao for information.

 

Decision Advice and Other Information

The Toronto Local Appeal Body Supervisor, Hsing Yi Chao, provided an update to the Panel on year end statistics pertaining the the number of appeals received, hearings scheduled, and average days to dispense of matters.

In 2017 315 appeals were filed, while in 2018 it was 314.  In 2017 there were 28 motions and 253 hearing, while in 2018 that increased to 95 motions and 253 hearings.  The average hearing length increased from half a day to 1.3 days.

It takes an average 13.5 days to receive a file from the Committee of Adjustment after the deadline to file and appeal, and an average of 6 days to issue a Notice of Hearing.  There is about 116 days between the date a Notice of Hearing is issued and the date a hearing is held.

From the last date of a hearing to the time a decision is issued was an average of 26 days in 2018.  It was 18 days for 2017.  The total disposition time from when TLAB receives the file to a decision being issued is 137 days on average.  2017 was 142 days, while the target is 120 days.

In 2018, 271 decisions were issued, with 10 review requests.  7 reviews confirmed the original decision, 2 ordered a new hearing, and 1 was suspended.  The TLAB members came to agreement that members would be informed of requests for review.

 

Summary

The Toronto Local Appeal Body Supervisor, Hsing Yi Chao, provided an update to the Panel on year end statistics pertaining the the number of appeals received, hearings scheduled, and average days to dispense of matters.

 

Motions

Motion to receive the update by TLAB Supervisor Hsing Yi Chao, moved by Panel member T. Yao, seconded by Panel Member G. Burton (Carried).

 

Supporting Documents

February 2019 – Administrative Update

TLAB 22.3 Toronto Local Appeal Body - Complaint Protocol

TLAB 22.3                                                                                        INFORMATION                                                                                        RECEIVED  

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Toronto Local Appeal Body – Complaint Protocol

Panel Decision/Summary

The Toronto Local Appeal Body received information on the Toronto Local Appeal Body’s complaint protocol.

 

Motions

Motion to receive the Toronto Local Appeal Body Complaint Protocol as information, moved by Panel Member D. Lombardi, seconded by Panel Member J. Tassiopoulos (Carried).

 

Supporting Documents

February 2019 – Toronto Local Appeal Body Complaint Protocol 

                            

TLAB 22.4 Toronto Local Appeal Body - Revised Rules of Practice and Procedure (Draft Rules 1-31)

TLAB 22.4                                                                                               ACTION                                                                                               ADOPTED

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

 

Panel Decision

The Toronto Local Appeal Body heard deputations from members of the public regarding the proposed revised Rules of Practice and Procedure.  After the deputations the were presented with the following for adoption:

a) Rules 1-30

b) Rule 31

c) List of revised forms

d) Overview summary of processing of the Rules Review

e) Effective Date

 

Decision Advice and Other Information

The Toronto Local Appeal Body received public deputations on the proposed revised Rules of Practice and Procedure.

C. Sheasby-Coleman spoke to the Review process, and suggested that the Rules could include language regarding the necessity to complete the TLAB review process before initiating an appeal at Divisional Court.  She also suggested the creation of a depository for review requests.

G. Kettel provided feedback on the increasing length of hearings.  He supports the need for more mediation, and perhaps also a support centre for TLAB.  He requests a common repository of documents so that Parties don’t always have to submit the same forms over and over.

The Panel Members discussed the topics raised by the public deputants.

The Toronto Local Appeal Body recessed at 2:03 pm to meet in closed session to receive advice from Duxbury Law on Rule 31 amendments.  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 be presented with the following for adoption:

a) Rules 1-30 (deferred)

b) Rule 31 (deferred)

c) Forms List (deferred)

d) Overview summary of processing of the Rules Review

e) Effective Date

 

Motions

 

1. Motion to receive to draft an invitation form for mediation participation moved by Panel Member T. Yao, seconded by Panel Member D. Lombardi.  (Carried)
2. Motion to receive the overview as presented by Duxbury Law as information moved by Panel Member D. Lombardi, seconded by Panel Member J. Tassiopoulos.  (Carried)
3. Motion to amend Rule 17.6 to add reference to Rule 17.8, 17.9 and 17.10 moved by Panel Member T. Yao, seconded by Panel Member G. Burton.  (Carried)
4. Motion to recess from public session to meet in closed session moved by Panel Member S. Gopikrishna, seconded by Panel Member D. Lombardi. (Carried)
   14:03 p.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.
5. Motion to reconvene in Public Session moved by Panel Member G. Burton, seconded by Panel Member S. Gopikrishna. (Carried)
6. Motion to revise Rule 31.15 to include clause (J), to include the following language: “The person making the review request has not indicated that he or she will not be seeking leave to appeal the Final Decision or Final Order on a question of law under the city of Toronto Act, or judicial review of the Final Decision or Final Order under the Judicial Review Procedure Act.” moved by Panel Member T. Yao, seconded by Panel Member S. Gopikrishna.  (Carried)
7. Motion to adjourn motion proposed to revise Rule 31.15 as moved by Panel Member T. Yao to another meeting to allow time to provide revised wording with instructions to staff to circulate revisions to stakeholders moved by Panel Member S. Karmali, seconded by Panel Member G. Burton.  (Carried)
8. Motion to revise Rule 31.24 and 31.26 with the following changes:  Delete ‘Order a new Hearing’ and to make revisions as necessary to Rule 31.24 and Rule 31.26 so that it is clear and consistent moved by Panel Member T. Yao, seconded by Panel Member S. Talukder.  (Carried)
9. Motion to adopt the Toronto Local Appeal Body Revised Rules of Practice and Procedure as amended moved by Panel Member D. Lombardi, seconded by Panel Member S. Gopikrishna.  (Carried)
10. Motion to amend Form 5 – Authorized Representative with the amendments provided by Panel Member T. Yao moved by Panel Member G. Burton, seconded by Panel Member J. Leung.  (Carried)
11. Motion to adopt Forms as listed in the agenda Forms 1 to 27 moved by Panel Member D. Lombardi, seconded by Panel Member S. Gopikrishna.  (Carried)

Supporting Documents

(DRAFT)  Rules of Practice and Procedure as of February 15 2019 

Comparison Document with tracked changes (Rules 1 – 31) – TLAB Rules of Practice and Procedure (Adopted May 3, 2017)  vs. Draft Revised February 2019 

(DRAFT)  February 2019 – Overview Summary of Processing of the Rules Review 

(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 

(NEW)  Form 23 – Notice of Non-Compliance for Review Request 

(NEW)  Form 24 – Notice of Proposed Dismissal of a Review Request 

(NEW)  Form 25 – Notice of Review 

(NEW)  Form 26 – Notice of Response of Review 

(NEW)  Form 27 – Reply to Notice of Response to Review 

(DRAFT)  Copy of Digital Audio Recording Request Form 

(DRAFT)  TLAB Certified Decision Request Form 

(DRAFT)  TLAB Certified Exhibit Request Form 

Meeting Sessions and Attendance

Meeting Sessions

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Session Date	Session Type	Start Time	End Time	Public or Closed Session
March 4, 2019	Morning	9:31 a.m.	11:44 a.m.	Public
March 4, 2019	Recess	11:44 a.m.	11:56 a.m.	Public
March 4, 2019	Morning	11:56 a.m.	1:09 p.m.	Public
March 4, 2019	Recess	1:09 p.m.	1:59 p.m.	Public
March 4, 2019	Morning	1:59 p.m.	2:03 p.m.	Public
March 4, 2019	Morning	2:03 p.m.	2:23 p.m.	Closed
March 4, 2019	Morning	2:03 p.m.	4:06 p.m.	Closed

 

Attendance

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

Date and Time	Quorum	Panel Members
March 4, 2019 9:31 a.m .to 11:44 a.m.	Present	Present: Ian Lord (Chair), Dino Lombardi (Vice Chair), Gillian Burton, Sabnavis Gopikrishna, Sean Karmali, Justin Leung, Shaheynoor Talukder, John Tassiopoulos, Ted, Yao
March 4, 2019 11:56 a.m. to 1:09 p.m.	Present	Present: Ian Lord (Chair), Dino Lombardi (Vice Chair), Gillian Burton, Sabnavis Gopikrishna, Sean Karmali, Justin Leung, Shaheynoor Talukder, John Tassiopoulos, Ted, Yao   Regrets:  Stan Makuch
March 4, 2019 1:59 p.m. to 2:03 p.m.	Present	Present: Ian Lord (Chair), Dino Lombardi (Vice Chair), Gillian Burton, Sabnavis Gopikrishna, Sean Karmali, Justin Leung, Shaheynoor Talukder, John Tassiopoulos, Ted, Yao   Regrets:  Stan Makuch
March 4, 2019 2:03 p.m. to 2:26 p.m.	Present	Present: Ian Lord (Chair), Dino Lombardi (Vice Chair), Gillian Burton, Sabnavis Gopikrishna, Sean Karmali, Justin Leung, Shaheynoor Talukder, John Tassiopoulos, Ted, Yao   Regrets:  Stan Makuch
March 4, 2019 2:26 p.m. to 4:06 p.m.	Present	Present: Ian Lord (Chair), Dino Lombardi (Vice Chair), Gillian Burton, Sabnavis Gopikrishna, Sean Karmali, Justin Leung, Shaheynoor Talukder, John Tassiopoulos, Ted, Yao   Regrets:  Stan Makuch

 

Staff Attendance

Susan Paolucci
Manager
Tribunal Operations, Court Services

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

Angela Bepple
Support Assistant A
Toronto Local Appeal Body, Court Services

Kevork Chelenkerian
Support Assistant B
Toronto Local Appeal Body, Court Services

Tyra Dorsey
Support Assistant B
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