Business Meeting No.9

Meeting Date: Monday, October 11, 2017
Start Time: 9:00 a.m.
Email: tlab@toronto.ca
Location: York Civic Centre, 2700 Eglinton Avenue West, Toronto, Ontario  M6M 1V1
Room: Council Chambers
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 – July 17, 2017

Motion to adopt Minutes from July 17, 2017, moved by Panel Member S. Gopikrishna, seconded by Panel Member G. Burton. (Carried)

TLAB 9.1  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.

Decision Advice and Other Information

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.  These statistics included average timelines for receiving files, issuing Notices of Hearing, Decisions, number of files, and timelines for scheduling hearings.  To date, 203 appeal files have been received representing 146 appeal files. 121 hearings have been scheduled. TLAB is currently scheduling about 5 hearings a week due to facility and panel availability, and is currently sitting at 112 days from time TLAB receives to time it is disposed of on average.

Following the presentation, Panel Members asked clarifying questions and discussed specific non-standard files for which Chair Ian Lord provided and update.

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 TLAB Hearings scheduled per week
  • Average number of days to dispense of matter
  • Administrative updates on lessons learned thus far

Background Information and Additional Resources

(October 13 2017)  Update by Administrative Staff

Motions

Motion to receive presentation from Secretary of TLAB Hsing Yi Chao moved by Panel Member S. Ruddock and seconded by Panel Member T. Yao. (Carried)

TLAB 9.2  ACTION  RECEIVED


Panel Decision

The Toronto Local Appeal Body received correspondence from McMillan LLP regarding the submission process for hearings.  Ms. Kailey Sutton appeared on behalf of McMillan to present further highlights and comments.

Origin

(September 14 2017)  Letter to I. Lord dated September 14 2017

Decision Advice and Other Information

The Toronto Local Appeal Body received correspondence September 14, 2017, from McMillan LLP, regarding the submission process for Toronto Local Appeal Body hearings.  Kailey Sutton, Associate of Real Estate and Commercial Law at McMillan LLP, appeared at the Public Meeting to provide highlights and comments, and relay her experiences with TLAB.

As a matter of procedural fairness, the Rules of Practice and Procedure 12 and 13 require that interested persons disclose their intention to be a Party or Participant no later than 20 days after the Notice of Hearing. They object to allowing people to speak where people have not properly submitted statements according to the Rules, or at the very least should provide reasons for why they failed to comply.

They suggest that notice deadlines should be related to the hearing date, rather than the Notice of Hearing, which still allows reasonable time for submissions to be made.

Further, while the intent was to simplify the process, there are many forms to fill out.  This creates continual back and forth between representatives and their clients, and also creates issues for unrepresented persons who are required to understand and fill in many forms.

Following Ms. Sutton’s presentation, a conversation ensued regarding advantages and disadvantages of the disclosure timelines.  Chair Lord clarified that the panel has clarified their position so that people will not show up “out of the blue” and get to speak.  Other issues will be undertaken in the New Year, during future public meetings.  However, the issue of when dates emerge from was canvassed very thoroughly, and that information is contained in prior minutes of the TLAB.

Further conversation took place regarding specific examples of unregistered persons appearing during a hearing.

Summary

The Toronto Local Appeal Body Panel Members to discuss the correspondence received from McMillan regarding submissions at Toronto Local Appeal Body hearings.

Background Information and Additional Resources

(September 14 2017)  Letter to I. Lord dated September 14 2017

Motions

1. Motion to receive the deputation and submission by McMillan LLP and their representative, K. Sutton as information moved by Panel Member S. Gopikrishna, seconded by Panel Member T. Yao.  (Carried)

TLAB 9.3  ACTION  ADOPTED


Panel Decision

Motions brought before Panel Members at the Hearing with little or no Notice:

The Toronto Local Appeal Body discussed Motions brought before the panel at hearings with little or no notice.  This includes oral motions at hearings, or motions served right before hearings.

A conversation ensued discussing different examples of possible motions served outside of the rules, and possible pitfalls members should be aware of.  Members generally agreed that they would be able to apply their own judgement in each case, but that Parties bringing motions should first have to explain why they should be permitted relief of the motion rules, rather than simply being permitted to bring the motion without question.

Through conversation, the following guideline or Practice Direction on Motions was agreed upon for requests made to a Panel member at a Hearing with little or no notice or is otherwise non-compliant with the Rules:

1) Rules of Practice and Procedure provide full directions and require compliance.

2) Matters arising before a Panel Member at a Hearing with little or no Notice or which are non-compliant with the Rules will only be entertained with the leave of the member upon a satisfactory threshold explanation as to the reasons for non-compliance.

3) Parties will have full opportunity to address the threshold explanation.

4) The Panel Member shall rule on the request.

 T. Yao moved to defer the discussion to April so that guidelines can be prepared for us to consider in December 13 public meeting, which failed.  S. Ruddock moved to accept the framework as a guideline, which was carried.

Adjournment requests brought before Panel Members in the course of a proceeding:

S. Ruddock moved to consider all motions in the same matter as that described above, including motions for adjournment.  This was carried.

Summary

The Toronto Local Appeal Body Panel Members to discuss the process and establish guidelines on:

  • Motions brought before Panel Members at the Hearing with little or no Notice.
  • Adjournment requests brought before Panel Members in the course of a proceeding.

Motions

1. Motion to defer agenda item to December 13 to prepare the guidelines for consideration moved by Panel Member T. Yao.  (Failed)

2. Motion to receive as a guideline the 4 part framework, moved by Panel Member S. Ruddock, seconded by Panel Member G. Burton (Carried).

3. Motion to roll up the adjournment motion in the same category as the motions moved by Panel Member S. Ruddock, seconded by Panel Member L. McPherson.  (Carried)

TLAB 9.4   ACTION  ADOPTED


Panel Decision

Toronto Local Appeal Body – Practice Direction No 2 – Default format of specific motion hearings

The Toronto Local Appeal Body members discussed what the default format for specific motions hearings should be.  It was agreed that motions for adjournment will now be written unless otherwise requested.  All other motions will be heard orally unless otherwise requested.

Discussion on final wording of practice direction 2 took place, with final changes adopted.

Toronto Local Appeal Body – Practice Direction No. 3 – Document Referencing (Common Document Base)

Panel members engaged in a conversation regarding what common documents would not need to be filed by email during disclosure, and how these documents would be referenced and marked as exhibits during a hearing.

A motion was carried to defer this practice direction until after the Rules revision process takes place in Spring 2018.

Toronto Local Appeal Body – Practice Direction No. 4 – Video Evidence

Videos submitted by Parties cannot be posted on the public case file like other submissions can be.  However, the Toronto Local Appeal Body agreed that video evidence may be accepted by TLAB nonetheless.  Parties must disclose the document accordingly, serve it on other Parties electronically as per the Rules, and make it available to the public on request.  Video evidence marked as an exhibit in the course of a hearing can be viewed by appointment at TLAB after the hearing.

Final wording was agreed upon after a discussion to edit it, with final changes adopted.

Toronto Local Appeal Body – Practice Direction No. 5 – Service of Physical Documents

Members discussed how Parties who cannot communicate electronically (via email) should be served in accordance with the rules.  It was agreed that these Parties must receive physical service, and that they also must serve on other Parties and TLAB copies of all documents they wish to rely on.

Discussion on final wording of Practice Direction 5 took place, with final changes adopted.

Summary

The Toronto Local Appeal Body Panel Members to review and discuss the following Draft

Practice Directions:

 

Background Information and Additional Resources

Practice Direction No. 2 –  Default Format of Specific Motion Hearings (Draft)

Practice Direction No. 3 – Document Referencing (Common Document Base)  (Draft)

Practice Direction No. 4 – Video Evidence  (Draft)

Practice Direction No. 5 – Service of Physical Documents  (Draft)

Motions

1. Motion to adopt Practice Direction No. 2 as amended, moved by Panel Member L. McPherson, seconded by Panel Member S. Ruddock (Carried).

2. Motion to defer draft Practice Direction No. 3 until after the revision process for the Rules of Practice and Procedure takes place Spring 2018, moved by Panel Member S. Gopikrishna, seconded by Panel Member S. Ruddock (Carried).

4. Motion to adopt Practice Direction No. 4 as amended, moved by Panel Member T. Yao, seconded by Panel Member L. McPherson (Carried).

5. Motion to adopt Practice Direction No. 5 as amended, moved by Panel Member L. McPherson, seconded by Panel Member G. Burton (Carried).

TLAB 9.5  ACTION  ADOPTED


Panel Decision

1. Standard formats for decisions

Discussion regarding appearance and format of decisions, and what if any standard changes to adopt.  Members will continue to utilize the decision template as agreed, without the use of paragraph numbering.  It is agreed that decisions need to look similar.

2. Overview of admin functions when processing written decisions

Conversation regarding administrative process in creating, checking and issuing decisions.  Due to accessibility requirements for any publicly posted documents, staff must review before final signature is signed.  Sending a signed and dated decision that is not AODA compliant must be re-dated and re-signed because signed documents can’t be changed and reformatted.  The decision must be sent out and posted on the day decision is dated and signed for, so if a signed decision is received after the date, it must be re-dated and re-signed.

The conversation clarified the below process for decisions:

1) Member writes draft decision and sends to Chair for review;

2) Chair sends back to member with notations;

3) Member sends to TLAB for AODA (accessibility) check;

4) TLAB sends AODA compliant decision to member for dating and signing;

5) Member sends correctly dated and signed copy back to TLAB for issuing.

Summary

The Toronto Local Appeal Body Panel Members to discuss:

1. Standard formats for decisions

2. Overview of administrative functions when processing written decisions submitted by Panel Members.

Motions

1. Motion to accept disposition of written decisions, moved by Panel Member L. McPherson, seconded by Panel Member T. Yao (Carried).

TLAB 9.6 INFORMATION RECEIVED


Panel Decision

The Toronto Local Appeal Body Panel accepted the presentation from Susan Garossino, Acting Director, Court Services and Joseph Salvaggio, Project Manager, City-wide Strategic Initiatives, Chief Corporate Office, for information.

Decision Advice and Other Information

Update from Susan Garrosino

Clerks department working to fill vacant spot on panel, with replacement expected by end of November.  The same nominating panel will choose the new member.

Public meetings and other public feedback has been generally good, especially regarding public service and the accessibility of documents and decisions online.  There has been some difficulty in the adjustment to digital process.  Issues with certain forms are being looked into, but a lot depends on what combination of browser and computer.  New e-forms technology will be rolling out in 2018, and staff are looking into what TLAB forms can be included in this.

Annual Report process will start with staff providing statistics by end of December or early January.  Annual Report should be prepared by end of January, and will go forward to Council in February

Panel to get a subscription to Novae Rex Urbis.

Update from Joseph Salvaggio  

Construction of final TLAB hearing space has started.  It will be much different from the existing temporary space.  Due to technical issues dealing with asbestos, structural planning, and fire code, construction timeline has been delayed.

The new target completion date is mid-February for new hearing rooms, with the final staff area completed mid-April.  By that time, both TLAB and co-located Administrative Penalty Tribunal will be fully operational.

New equipment will be present in 2 of the 3 hearing rooms, and was selected based on feedback from court services.

Air movement will be critical due to new fire partitions.  Air flow will be tested and measured to ensure circulation and removal of old air.

Access to the building will use the same building controls.  Security will be managed by the City.  Members will be issued city cards programmed to access permitted areas, but a fob may still be needed for wider building access outside of regular building hours.

Summary

The Toronto Local Appeal Body Panel Members to discuss the TLAB facilities and its functionality, potential improvements and updates new TLAB facility.

Motions

1. Motion to receive both reports for information, moved by L. McPherson, seconded by G. Burton (Carried)

TLAB 9.7  ACTION  DEFERRED


Toronto Local Appeal Body – Postings of Orders and Decisions

Summary

The Toronto Local Appeal Body Panel Members to discuss the guidelines for postings Orders and Decisions including timeliness, organization and ease for exhibiting.

Motions

1. Motion to defer agenda item to December 13, 2017, moved by Panel Member G. Burton, seconded by Panel Member L. McPherson. (Carried)

TLAB 9.8  INFORMATION RECEIVED


Panel Decision

Different approaches are used by different members.  They may keep written list, and/or attach documents to the file.

Staff need to be able to clearly identify the documents which the panel member is marking as an exhibit.  File names should be read out clearly into the record.  The importance is in identifying which documents are correct so they can be correctly posted, and produced in the event a matter goes to Divisional Court.

Case law are not submitted or marked as exhibits as case law is not the evidence of a witness.

Summary

The Toronto Local Appeal Body Panel Members to discuss the process and functionality of identifying and maintaining an accurate record of Exhibits tendered in the course of a hearing including WORD listing, selecting documents, scope of attachments.

Motions

1. Motion to receive discussion as information, moved by Panel Member G. Burton, seconded by Panel Member L. McPherson. (Carried)

TLAB 9.9  ACTION ADOPTED


Panel Decision

Discussion regarding system to back-up panel members who cannot attend hearing due to sickness or other sudden reasons.  Currently for scheduling, one shadow member has been assigned per day, as a back up to confirmed panel members.  However, given the number of members and current schedule, shadow member system could be quite onerous.

Panel Members agreed that a simpler on-call system would allow a member or staff to call another member to adjourn, in the event the original member could not attend.

Motion proposed to do away with shadow member concept and move to an on-call system initiated by member or staff depending on circumstances.

Summary

The Toronto Local Appeal Body Panel Members to discuss the scheduling, duties and obligations of Shadow Members.

Motions

1. Motion to dispense with shadow member system and move to an on-call system initiated by member or staff depending on circumstances moved by Panel Member T. Yao, seconded by Panel Member L. McPherson.  (Carried)

TLAB 9.10  INFORMATION RECEIVED


Panel Decision

The Toronto Local Appeal Body made a commitment to have an open public forum to revise the Rules of Practice and Procedure in the Spring of 2018.  A discussion took place on what procedure would be fair, and suggestions were posed for different strategies.  The process should include multiples stages, including receiving written input, followed by a public meeting to receive input, followed by a review and approval process by the panel members.

Further conversation was had to discuss what process public meetings would use, and how to structure them. A final process of the structure of the public forum will be discussed at the next public meeting.

Panel directed staff to provide dates and propose procedure on conducting, in Early Spring, an outreach regarding Rule deputation consisting of:

1) Written invitation

2) Structured by Rules and Practice Directions

3) Oral Deputations

4) Public meeting on discussions

5) Public meeting to adopt drafts

Summary

The Toronto Local Appeal Body Panel Members to discuss and determine a date and associated parameters in the Spring of 2018 to conduct a Review of TLAB’s Rules of Practice and Procedures.

Motions

1. Motion to receive discussion and format open public forum, moved by Panel Member G. Burton, seconded by Panel Member S. Gopikrishna (Carried).

TLAB 9.11 ACTION  DEFERRED


Summary

The Toronto Local Appeal Body Panel Members to discuss and receive for information OBA article concerning the minimum level of assistance a tribunal is to provide unrepresented Parties as established by Ontario Divisional Court.

Background Information and Additional Resources

(July 17 2017)  OBA Online Article – Ontario Divisional Court Establishes a Minimum Level of Assistance That a Tribunal Must Provide to an Unrepresented Party

Motions

1. Motion to defer agenda item to December 13, 2017, moved by Panel Member G. Burton, seconded by Panel Member L. McPherson. (Carried)

Meeting Sessions

Session Date Session Type Start Time End Time Public or Closed Session
October 11, 2017 Morning 9:13 AM 11:10 AM Public
October 11, 2017 Recess 11:10 AM 11:25 AM
October 11, 2017 Morning 11:25 AM 12:57 PM Public
October 11, 2017 Recess 12:57 PM 1:49 PM
October 11, 2017 Afternoon 1:49 PM 4:43 PM Public

 

Attendance

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

Date and Time Quorum Panel Members
October 11, 2017

9:13 AM to 11:10 AM

(Public Session)

Present Present: Ian Lord (Chair), Gillian Burton, Sabnavis Gopikrishna, Laurie McPherson, Sophia Ruddock, Ted Yao
October 11, 2017

11:25 AM to 12:57 PM

(Public Session)

Present Present: Ian Lord (Chair), Gillian Burton, Sabnavis Gopikrishna, Laurie McPherson, Sophia Ruddock, Ted Yao
October 11, 2017

1:49 PM to 4:43 PM

(Public Session)

Present Present: Ian Lord (Chair), Gillian Burton, Sabnavis Gopikrishna, Laurie McPherson, Sophia Ruddock, Ted Yao

Hsing Yi Chao

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