Meeting Date: Wednesday, May 3, 2017
Time: 9:00 a.m.
Email: tlab@toronto.ca
Location: Scarborough Civic Centre, 150 Borough Drive Toronto, Ontario M1P 4N7
Room: Council Chamber
Chair: Ian Lord
Contact: Hsing Yi Chao
Phone: 416-338-2734
TLAB 6.1 ACTION ADOPTED
Panel Decision
The Toronto Local Appeal Body adopted the final draft of the Rules of Practice and Procedure. The Toronto Local Appeal Body deferred consideration of the Ontario Bar Association correspondence with the intention of bringing it forward at the next Business Meeting.
Origin
Final Draft of Rules of Practice and Procedure for the Toronto Local Appeal Body
Decision Advice and Other Information
The Toronto Local Appeal Body received a deputation from Wendy Walberg, City Solicitor, spoken to by Nathan Muscat, City Solicitor, regarding the Draft Rules of Practice and Procedure. Nathan Muscat relayed concerns expressed by members of the Planning Practice Group, Planning and Administrative Tribunal Law regarding the deadlines for filing materials proposed in the Rules of Practice and Procedure.
Following the deputation, Nathan Muscat responded to inquiries from the Panel Members about the procedures currently followed by City staff when a Committee of Adjustment decision is appealed to the Ontario Municipal Board.
The Toronto Local Appeal Body voted to defer consideration of the Ontario Bar Association correspondence with the intention of bringing it forward at the following June 14, 2017 Business Meeting to allow for a satisfactory discussion of the concerns identified in their correspondence.
Summary
Final Draft of Rules of Practice and Procedure for the Toronto Local Appeal Body Panel Members to adopt.
Background Information and Additional Resource
Toronto Local Appeal Body – Rules of Practice and Procedure
(May 2nd, 2017) Correspondence from City of Toronto Legal Services
(May 2nd, 2017) Correspondence from Ontario Bar Association’s Municipal Law Section
Motions
1. Motion to hear deputation from City Solicitor Nathan Muscat moved by Panel Member G. Burton and seconded by Panel Member S. Ruddock. (Carried)
2. Motion to receive correspondence from City of Toronto Legal Services moved by Panel Member L. McPherson and seconded by Panel Member S. Bryson. (Carried)
3. Motion to receive correspondence from Ontario Bar Association moved by Panel Member S. Ruddock and seconded by Panel Member S. Gopikrishna. (Carried)
4. Motion to defer consideration of the Ontario Bar Association correspondence with the intention of bringing it forward at the next Business Meeting moved by Panel Member G. Burton and seconded by S. Ruddock. (Carried)
5. Motion to adopt the Toronto Local Appeal Body’s Rules of Practice and Procedure moved by Panel Member S. Bryson and seconded by Panel Member S. Gopikrishna. (Carried)
TLAB 6.2 ACTION ADOPTED
Panel Decision
The Toronto Local Appeal Body adopted the final draft of the Toronto Local Appeal Body forms.
Origin
Final Draft of Toronto Local Appeal Body Forms 1-18
Summary
Final Draft of Toronto Local Appeal Body Forms for the Toronto Local Appeal Body Panel Members to adopt.
Background Information
Toronto Local Appeal Body – Forms
Form 1 – Notice of Appeal
Form 2 – Notice of Hearing
Form 3 – Applicant’s Disclosure
Form 4 – Notice of Intention (Election) to be a Party or Participant
Form 5 – Authorized Representative
Form 6 – Acknowledgement of Expert’s Duty
Form 7 – Notice of Motion
Form 8 – Notice of Response to Motion
Form 9 – Notice of Reply to Response to Motion
Form 10 – Affidavit
Form 11 – Request for Summons
Form 12 – Witness Statement
Form 13 – Participant’s Statement
Form 14 – Expert’s Witness Statement
Form 15 – Notice of Non-compliance
Form 16 – Notice of Proposed Dismissal
Form 17 – Notice of Mediation
Form 18 – Notice of Prehearing
Motions
1. Motion to adopt Forms 1-18 moved by Panel Member T. Yao and seconded by S. Ruddock. (Carried)
TLAB 6.3 ACTION ADOPTED
Panel Decision
The Toronto Local Appeal Body adopted the final draft of the Procedural Bylaw
Origin
Final Draft of the Procedural Bylaw
Summary
Final Draft of the Procedural Bylaw for the Toronto Local Appeal Body Panel Members to adopt.
Background Information
Toronto Local Appeal Body – Procedure Bylaw
Motions
1. Motion to adopt Final Draft of Procedural Bylaw moved by Panel Member L. McPherson and seconded by T. Yao. (Carried)
TLAB 6.4 ACTION ADOPTED
Panel Decision
The Toronto Local Appeal Body adopted the Public Guide with the amendments proposed by way of motions moved by Panel Member Ted Yao. The Toronto Local Appeal Body deferred consideration of item 6.4 (a) in the submission made by Panel Member Ted Yao.
The Toronto Local Appeal Body directed that page 16 of the Public Guide be amended to read:
What is an Authorized Representative?
If you are a party or participant, you may choose to be represented by an authorized representative. The duties of an authorized representative are to file and receive documents electronically on your behalf before the hearing in a timely fashion and act for you during the hearing. He or she will necessarily advise you on your rights and responsibilities, as well as draft, complete or revise your documents. Form 5 states that the TLAB will not permit an authorized representative to also give evidence at the hearing as a witness.
Who can be an Authorized Representative?
A lawyer, paralegal or other person, such as a friend, neighbour or relative, can be your authorized representative. If your authorized representative is not a lawyer or paralegal, he or she cannot take a fee from you for this service and must not be in the business of acting for persons at hearings, defined as no more than three times a year.
How do I give notice of my Authorized Representative?
The authorized representative must inform everyone involved including the TLAB that you have elected to act through an authorized representative. This can be done on the Notice of Appeal (Form 1) or by filing an Authorized Representative Form (Form 5) to the TLAB via email at tlab@toronto.ca. If authorization changes, the TLAB and all other parties must be notified by serving and filing a new Authorized Representative Form (Form 5).
The Toronto Local Appeal Body directed that page 23 of the Public Guide be amended to read:
What is the role of my Authorized Representative at the Hearing?
If you already have named an authorized representative, that person will assist you at the hearing by giving you advice, questioning the other side, and possibly summing up your case, based on the evidence presented. Even if the authorized person is not a paralegal or a lawyer, if the authorized representative is knowledgeable about the hearing process, this can make for a smoother hearing process.
What if I decide to act for myself at the hearing?
You should be prepared to do your own research into the facts and the process. Since it is expected that all materials should be filed in advance of the hearing, you should do your research early and serve an electronic copy of any Documents, Notices, or Witness Statements on all parties and the TLAB in accordance with the TLAB’s Rules of Practice and Procedure. Please see the section in this Guide “What are the Parties’ Responsibilities Prior to a Hearing?”
Once the hearing commences, you may present your case. This includes your spoken words under oath, during which time you may refer to any of the documents which have been filed. You would also call any witnesses, professional or non-professional, in support of your case.
If you are a party, you will also be permitted to question the other side’s witnesses, to obtain clarification and point out inconsistencies. This is not a time for presenting your own evidence, since when you ask questions you are not giving evidence under oath.
Finally, if you are a party, you will be permitted to sum up your case, based on all of the evidence presented.
Origin
Final Draft of the Public Guide
(May 1st, 2017) Submissions from Ted Yao, TLAB Panel Member, on amendments to Public Guide
Summary
The Toronto Local Appeal Body discussed the motions made by Panel Member Ted Yao regarding the language used in the Public Guide. The Appeal Body voted to defer consideration of item 6.4 (a) in the submission made by Panel Member Ted Yao until a future meeting.
Background Information
Toronto Local Appeal Body – Public Guide
(May 1st, 2017) Submissions from Ted Yao, TLAB Panel Member, on amendments to Public Guide
Motions
1. Motion to adopt item 6.4 (b) in the submission made by T. Yao moved by Panel Member T. Yao and seconded by Panel Member I. Lord. (Carried)
2. Motion to adopt item 6.4 (c) in the submission made by T. Yao moved by Panel Member T. Yao and seconded by Panel Member L. McPherson. (Carried)
3. Motion to defer item 6.4 (a) in the submission made by Ted Yao moved by Panel Member T. Yao and seconded by Panel Member S. Gopikrishna. (Carried)
4. Motion to adopt the Public Guide for Publishing as amended moved by Panel Member G. Burton and seconded by Panel Member S. Gopikrishna. (Carried)
TLAB 6.5 DISCUSSED
Panel Decision
The Toronto Local Appeal Body Panel Members agreed that future meetings are to be scheduled to discuss:
Summary
The Toronto Local Appeal Body held discussions on scheduling meetings in the future for the purposes of:
Meeting Sessions
| Session Date | Session Type | Start Time | End Time | Public or Closed Session |
|---|---|---|---|---|
| May 3rd, 2017 | Morning | 9:06 AM | 11:24 AM | Public |
| May 3rd, 2017 | Recess | 11:24 AM | 11:42 AM | |
| May 3rd, 2017 | Morning | 11:42 AM | 11:59 AM | Public |
Attendance
Members were present for some or all of the time period indicated.
| Date and Time | Quorum | Panel Members |
|---|---|---|
| May 3rd, 2017
9:06 AM to 11:24 AM (Public Session) |
Present | Present: Ian Lord (Chair), Susan Bryson, Gillian Burton, Sabnavis Gopikrishna, Laurie McPherson, Sophia Ruddock, Ted Yao |
| May 3rd, 2017
11:42 AM to 11:59 AM (Public Session) |
Present | Present: Ian Lord (Chair), Susan Bryson, Gillian Burton, Sabnavis Gopikrishna, Laurie McPherson, Sophia Ruddock, Ted Yao |
Susan Garossino
Manager, Court Services
Russ Brownell
Policy PIanning and Project Advisor, Court Services
Gary Clarke
Supervisor, Court Services
Hsing Yi Chao
Secretary and A/Supervisor
Toronto Local Appeal Body, Court Services
Tammy Chong
Support Assistant
Toronto Local Appeal Body, Court Services
Tyra Dorsey
Support Assistant
Toronto Local Appeal Body, Court Services
Robert Keel
Summer Policy Student
Toronto Local Appeal Body, Court Services