Tribunals Ontario
2020-21 Annual Report

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ISBN 978-1-4868-5386-1
© Queen's Printer for Ontario, 2021

Dear Attorney General Downey:

Re: Tribunals Ontario 2020-21 Annual Report

On behalf of Tribunals Ontario, it is our pleasure to submit to you our 2020-2021 Annual Report.

This report reflects the activities of Tribunals Ontario for the fiscal year ending March 31, 2021. 

With the COVID-19 pandemic, we experienced unprecedented challenges but moved swiftly in order to ensure the continued health and well-being of staff, adjudicators and participants while providing fair, independent, transparent, effective, accessible and timely dispute resolution services.

Over the past year, Tribunals Ontario transitioned to a digital-first but not digital-only approach as part of our ongoing efforts to continually improve and modernize our services to meet the needs of Ontarians and provide best value-for-money.

The attached report presents a snapshot of our ongoing modernization, along with various key operational highlights across our 14 constituent tribunals.

We look forward to continuing to work with you and your ministry in the upcoming year.

Yours sincerely,

Sean Weir
Executive Chair
Tribunals Ontario

Harry Gousopoulos
Executive Director
Tribunals Ontario

Executive Chair's Message

I am proud of the hard work staff and adjudicators have done since the start of the pandemic last year to ensure we provided access to justice during these difficult and unprecedented times. Very quickly, Tribunals Ontario pivoted from an in-person hearing model to a digital-first approach, in so doing adapting and transforming many of our core services while always keeping access to justice at the centre of everything we do.

Over the last year, Tribunals Ontario has demonstrated that it can deliver fair, effective and timely dispute resolution services to Ontarians in a virtual environment. These are some of the ways we have moved forward:

• We pivoted to a digital-first but not digital-only strategy by conducting hearings by videoconference, telephone or in writing. This ensured that our stakeholders and parties could continue to access the tribunal system to resolve their disputes and issues, even though in-person services throughout the provincial economy were for the most part shut down or severely limited for large periods of time.
• We introduced Zoom as our new videoconferencing platform in response to feedback from parties and stakeholders for a more user-friendly platform.
• We expanded options to address requests for alternative hearing formats by offering access terminals at our Toronto hearing centre to those who do not have access to a telephone, computer and/or the internet.
• We began working on a new online digital self-help tool that will help Ontarians better understand their legal issues and options for moving their dispute towards resolution.

In addition to these and other operational changes at our 14 constituent tribunals, Tribunals Ontario continues to make the recruitment, appointment and training of adjudicators a priority. We are continuing to work with the government to appoint adjudicators to all our tribunals.

Looking ahead, Tribunals Ontario is committed to embracing change and developing services that put our users first, in 2021-2022 and beyond. At the same time, we remain steadfast in our mission to providing fair and timely dispute resolution services and ensuring that our tribunals are accessible to all who desire to use them.

Sincerely,

Sean Weir
Executive Chair

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Executive Director's Message

Since joining Tribunals Ontario in December 2020, I have seen firsthand how staff and adjudicators can rise to the challenges that are put before them.

Like all Ontarians, staff and adjudicators have been impacted by the pandemic in many different ways, whether it was adapting to remote working, juggling childcare responsibilities and schooling, or dealing with mental health struggles. Even during this upheaval in their lives, when we needed to pivot our day-to-day operations, staff and adjudicators did so with professionalism and a willingness to adapt, and always with an eye and commitment towards providing fair and accessible adjudicative services.

Over the past year, we have taken great strides to modernize our organization and ensure that the needs of users – whether the public who access Tribunals Ontario services including counsel and participants or the adjudicators who interact with parties – inform all our plans and activities. At the same time, we are committed to building a people-first organization, in which we support the growth and development of our staff and adjudicators and ensure fair treatment, equal access to opportunity and representation of diversity and inclusion across all levels of the organization.

We still have a lot to do, and our work is far from complete. As we look back on the challenges of the past fiscal year and reflect on how far we have come, we should take pride in the progress we’ve made, but we must also look ahead to the future and continue to strive to do better.

I look forward to the year ahead and working with staff, adjudicators, Associate Chairs, and the Executive Chair as we continue to modernize and improve dispute resolution services on behalf of all Ontarians.

Sincerely,

Harry Gousopoulos
Executive Director

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About Tribunals Ontario

Tribunals Ontario is responsible for 14 boards, tribunals and commissions that fall under the Ministry of the Attorney General:

• Animal Care Review Board
• Assessment Review Board
• Child and Family Services Review Board
• Criminal Injuries Compensation Board
• Custody Review Board
• Fire Safety Commission
• Human Rights Tribunal of Ontario
• Landlord and Tenant Board
• Licence Appeal Tribunal
• Ontario Civilian Police Commission
• Ontario Parole Board
• Ontario Special Education Tribunals – English and French
• Social Benefits Tribunal

The tribunals hold proceedings and promote the early resolution of a multitude of matters using a variety of dispute resolution methods. The tribunals process files from intake to closure, which may include issuance of decisions, orders and recommendations arising from pre-hearings and mediations, settlement conferences and if required, a formal hearing.

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Organizational Structure

Tribunals Ontario is led by an Executive Chair and an Executive Director.

The Executive Chair is accountable to the Minister (Attorney General) for the performance of Tribunals Ontario in fulfilling its mandate. While under the leadership of the Executive Chair, each tribunal maintains its legislative mandate and remains independent in its decision-making. However, all tribunals benefit from the coordination and sharing of resources, expertise, best practices, processes, and administrative and professional development support.

The Executive Director is responsible for supporting the Executive Chair in the implementation of Tribunals Ontario’s policies and operational decisions. The Executive Director is accountable to the Deputy Attorney General for the management of Tribunals Ontario’s operations.

Tribunals Ontario has a total of 607 allocated staff positions as outlined below. This includes staff and Order-in-Council positions that were part of the newly created Ontario Land Tribunals that came into force on July 1, 2020.

Tribunals Ontario Staff

Notes:

Tribunals Ontario has a total of 188 full-time adjudicator positions (including those who worked at the Ontario Land Tribunals) and 129 part-time adjudicators. Some adjudicators are appointed to more than one tribunal (see Appendix A for a full list of adjudicators).

*Ontario Land Tribunals, a newly created cluster, came into force on July 1, 2020. Tribunals Ontario and Ontario Land Tribunals shared existing resources including allocated positions for the 2020-2021 fiscal year. 75 staff positions and 31 Order-in-Council (full-time) positions were allocated to the Ontario Land Tribunals.

Tribunals Ontario Appointees

Throughout the ongoing uncertainty of the global pandemic, Tribunals Ontario remains committed to providing timely access to justice to Ontarians. Following the necessary pivot to remote work and over the course of 2020 to 2021, Tribunals Ontario continued aggressive recruitment and onboarding efforts to increase and stabilize adjudicative resources at its constituent tribunals.

As required by the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, and to ensure skilled and qualified individuals are identified, Tribunals Ontario employs a rigorous, competitive and merit-based selection process for the appointment of new adjudicators. Based on the results of this process, the Executive Chair makes recommendations for new appointments to the Attorney General of Ontario.

Between June 1, 2020 and March 31, 2021, Tribunals Ontario received 7,118 applications, conducted 467 interviews, and working with government, appointed or reappointed 161 adjudicators. Tribunals Ontario continues to work with the government to appoint adjudicators to its tribunals.

Application of a cross-appointment strategy across various constituent tribunals leverages adjudicators’ skills, knowledge, experience and expertise to enable delivery of efficient and effective dispute resolution to those who access Tribunals Ontario services.

Tribunals Ontario’s adjudicators are key contributors to organizational improvement and a critical support to the administration of the province’s justice system.

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COVID-19 Pandemic

In response to the COVID-19 pandemic, Tribunals Ontario took immediate action to safeguard the health and well-being of staff, adjudicators and the public while continuing to provide dispute resolution services to Ontarians.

By pivoting all in-person hearings to alternative formats such as video, telephone, and written hearings where feasible, Tribunals Ontario was able to deliver services remotely with minimal service disruptions for Ontarians.

To comply with physical-distancing direction from public health authorities, the vast majority of staff and adjudicators transitioned to working remotely. Some staff and managers were required to deliver critical services that could not be completed remotely, including:

• Processing fee payments and mail
• Providing IT equipment to staff and adjudicators
• Delivering specialized equipment and/or office supplies
• Supporting the implementation of the public access terminals

Their dedication and hard work were crucial to ensuring Tribunals Ontario continued to provide access to justice for the many thousands of people who use its services.

While staff who delivered critical services went into the workplace on a rotational schedule throughout the pandemic, Tribunals Ontario continued to take the necessary precautions to ensure that the workplace was safe and that physical-distancing and safety protocols were in place.

As the situation continues to develop and evolve, the health and safety of staff, adjudicators and members of the public will remain one of Tribunals Ontario’s highest priorities.

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Digital Transformation

At the start of the pandemic, Tribunals Ontario immediately pivoted to deliver services remotely to make it safer and easier to access tribunal services. Building on this transition, Tribunals Ontario has implemented a digital-first but not digital-only approach, with a focus on, and commitment to, making ongoing improvements to our virtual hearing process and functionality to ensure that hearings are accessible, user friendly and state of the art.

Over the past year, Tribunals Ontario improved its digital services by:

• Conducting video, telephone, and written proceedings where feasible
• Enhancing its public-facing website to serve as one-window into all boards and tribunals
• Encouraging Ontarians to use email, when possible, to communicate with the tribunals
• Providing access to online services such as electronic filing of applications and documents to deliver efficient and effective services
• Developing an online payment portal to enable clients at certain tribunals to make payments more easily for applications
• Providing computer and telephone access terminals onsite at its hearing centre in Toronto to accommodate Landlord and Tenant Board parties who may need support to participate in their proceedings.

Another important milestone in Tribunals Ontario’s digital transformation includes work that began on a new digital case management solution. In March 2021, the Ontario government announced a new investment of $28.5 million for a digital platform that will make the Tribunals Ontario’s operations more efficient, reduce delays and improve the experience for those who access tribunal services. This new system is expected to form the backbone of Tribunals Ontario’s digital strategy for years to come.

Work on this new digital platform began immediately after the announcement and solidifies Tribunals Ontario’s commitment to modernizing and innovating its services.

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Operational Highlights

Access to Justice

In February 2021, Tribunals Ontario launched access terminals at 15 Grosvenor Street in Toronto as an alternate hearing format for Landlord and Tenant Board (LTB) parties who do not have access to a telephone, computer and/or the internet. Requests are granted on a case-by-case basis. If the request is granted, the parties using the terminal will participate in their hearing electronically. As part of its commitment to ensuring that its services are accessible and available to all, Tribunals Ontario will be expanding this service to hearing centres in Ottawa, Hamilton and London and in the fall of 2021 to additional tribunals. 

Stakeholder Engagement

In September 2020, Tribunals Ontario’s Public Consultation Policy came into effect outlining whether and how stakeholders and members of the public are consulted when changes are considered to Tribunals Ontario’s rules and policies.

By consulting with stakeholders prior to a strategy or directive being adopted or amended, Tribunals Ontario recognizes the significant role and value that stakeholders have in the exchange of information and best practices to provide the best dispute resolution services to those who need it.

Some of the ways in which Tribunals Ontario has engaged with its stakeholders include:

• The Landlord and Tenant Board regularly engaged with stakeholders for their input on changes to its rules and processes including how matters are scheduled and hearings are conducted.
• The Human Rights Tribunal of Ontario sought feedback from parties, stakeholders and the public to better understand people’s experiences with electronic hearings.
• The Landlord and Tenant Board requested stakeholder input on its new and revised forms, instructions and guidelines related to Residential Tenancies Act, 2006 changes made by Bill 184, Protecting Tenants and Strengthening Community Housing Act, 2020.
• The Fire Safety Commission updated its filing methods following consultations with stakeholders.
• The Assessment Review Board consulted with its stakeholders regarding updates to its Rules of Practice and Procedure which included modifications to the schedule of events to shorten the timeline in the resolution of appeals. Along with the new Rules of Practice and Procedure, the Board updated forms to ensure alignment.

French Language Services Policy

Building on Tribunals Ontario’s French Language Services Policy and to support the French language needs of the people who access our services, we have been recruiting designated bilingual adjudicators to provide French language services at hearings. Tribunals Ontario also continues to standardize training for staff and adjudicators to ensure all tribunals are applying a consistent approach to the provision of French language services and that all staff and adjudicators (both French and English speaking) are adequately trained on their responsibilities under the French Language Services Act.

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Diversity, Inclusion and Accessibility

Tribunals Ontario is committed to building a diverse, inclusive, safe and accessible environment to reflect the public it serves and to ensure better understanding and responsiveness to the needs of diverse stakeholder groups. On November 2, 2020, an updated Accessibility and Accommodation Policy was posted to the Tribunals Ontario website. Diversity objectives and outcomes in policies, processes and services ensure that the public, staff and adjudicators have access to a space that is free from harassment and discrimination.

Tribunals Ontario’s Diversity and Inclusion Committee consists of staff, managers and adjudicators who are working towards a goal of creating an impactful cultural shift in Tribunals Ontario’s workforce. The committee is dedicated to identifying areas of improvement, creating and implementing initiatives and disseminating topical communications. The initiatives aim to bring inclusive practices that can be incorporated into Tribunals Ontario’s daily work, celebrate its diversity and bring about awareness through days of significance.

On February 26, 2021, Tribunals Ontario submitted its Roadmap to Racial Equity in the Ontario Public Service to the Anti-Racism Directorate. The Roadmap is an enterprise-wide action plan to mobilize change across the OPS, fulfilling a key commitment of the OPS Anti-Racism Policy and building on government priorities. The Roadmap identifies the organization’s ongoing commitment to education and awareness through the following courses: Ontario Human Rights Commission Call It Out eLearning program, mandated Indigenous Cultural Competency Training (ICCT) (San’yas Program) and mandatory OPS accessibility training through LearnON.

Accommodation Requests

Improving access to services and providing accommodation when requested are priorities for Tribunals Ontario. On November 30, 2020, Tribunals Ontario updated the Practice Direction on Hearing Formats which outlines Tribunals Ontario’s approach to determining the format of the hearing that will be held, and how a party can request a different hearing format. To support this updated practice direction, a new form was developed to provide a clear mechanism for parties to request an accommodation for their hearing.

Indigenous Services

Tribunals Ontario continued to build upon its Indigenous Services Commitment by providing culturally appropriate services to every Indigenous individual who came before it. Some of the ways we have delivered on our pledge include:

• Renovated hearing and meeting spaces that are purpose-built for matters that include Indigenous parties and subject matter.
• Rules of procedure and practice guidelines to respond to Indigenous service requests on a tribunal-specific basis.
• A contract with an external Indigenous service resource that is available to provide culturally competent resources and support for matters before Tribunals Ontario that involve Indigenous parties and subject matters.

Circle Hearings

Throughout the pandemic, Circle Hearings continued to be held via teleconference format on a regular basis at the Ontario Parole Board (OPB). While in that setting, the traditional format of sitting in a circle could not be achieved, the protocol of the Circle Hearing was respected. Although this initiative targets Indigenous clients, it also assisted in creating a positive culture of change within the organization. Elders facilitated culturally appropriate training to staff and adjudicators resulting in strengthened working relationships. The OPB continues to seek solutions in support of offering videoconference services for Circle Hearings.

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Professional Development

Professional development remains an integral part of the organization. Training of adjudicators and staff ensures they have the most current and relevant knowledge of legislation, operational functions and use of administrative tools. It also ensures they receive the supports needed to meet legislatively mandated timelines.

Tribunals Ontario has provided new adjudicator onboarding and tribunal specific training sessions all conducted virtually through remote platforms. Training is facilitated internally by Associate Chairs, Vice Chairs, adjudicators, Registrars, and legal counsel, externally with guest presenters, through online modules and self-directed study and job shadowing. Training is done collaboratively throughout the organization and has covered topics including decision writing, access to information and privacy, operational and legislative changes, mediation, alternative dispute resolution and early resolution, accommodation and fairness and French Language Services initiatives. Job shadowing and ongoing mentoring are important components of the training program. The onboarding and training plan ensure that Associate Chairs and adjudicators are trained to resolve disputes and deliver administrative justice in a fair, effective and timely manner.

In addition to the above-noted initiatives, Tribunals Ontario staff and adjudicators also participated in a variety of training including:

• Using new software and platforms for remote working
• Vicarious Trauma e-learning modules from Morneau Shepell
• Indigenous Cultural Competency Training through the San’yas Indigenous Cultural Safety Program
• Updates to the French Language Services (FLS) Policy and Active Offer training as well as ongoing French language training for French-speaking adjudicators
• OPS led learning and development courses

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Tribunal Highlights

Animal Care Review Board

The Animal Care Review Board (ACRB) resolves disputes and conducts hearings regarding animal welfare, including hearing appeals of orders and decisions of the Chief Animal Welfare Inspector and other animal welfare inspectors. When reviewing appeals and applications, the welfare of any animal involved is the ACRB’s main priority.

The ACRB’s jurisdiction and authority are derived from the Provincial Animal Welfare Services Act (PAWS) and the Statutory Powers Procedure Act.

Operational Highlights

In early 2020, changes to PAWS expanded the jurisdiction of inspectors and increased the number of Animal Welfare Services inspectors. As a result, the ACRB has seen an increase in the number appeals received and those that proceeded to a hearing over the past year. The ACRB continues to strive to meet the legislated timelines and process files accordingly. To manage the increase in caseload, a new tool was used in case processing in addition to the case management system that assists with organizing files and updating case notes.

With the increase in the number of files being opened, more files were being scheduled for a hearing. Training was the focus over the past year to help ACRB adjudicators conduct an increased number of case conferences and hearings.

The ACRB first started using video technology in 2019-2020 to allow witnesses to testify via videoconference. The ACRB continued to schedule digital hearings in 2020-2021, which was in alignment with Tribunals Ontario’s digital-first approach to providing services.

Statistics

Table 1: ACRB Performance Measures

Notes:

*An increase in complex files resulted in fewer decisions issued within performance targets.

N/A - Not applicable as no decisions were released during this period.

Table 2: ACRB Caseload Overview

*Note: An increase in complex files resulted in fewer decisions issued within performance targets.

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Assessment Review Board

The Assessment Review Board (ARB) adjudicates applications and appeals on property assessments, classifications and tax matters.

The ARB’s jurisdiction and its authority are defined by the Assessment Review Board Act, the Assessment Act, the Municipal Act, the City of Toronto Act, the Provincial Land Tax Act, the Education Act, and the Statutory Powers Procedure Act.

Operational Highlights

As one of the key components of Ontario’s property assessment system, the ARB is committed to conducting periodic reviews of its rules and processes to ensure that services are delivered as efficiently and effectively as possible. More specifically, the ARB’s main goals are to:

• Increase the timeliness of appeal resolutions;
• Improve frontline service delivery;
• Resolve legacy appeals before the beginning of the new assessment cycle; and
• Reduce the number of appeals in the current cycle before the next assessment cycle.

The ARB’s assessment cycle was extended as per the provincial government’s budget announcement in 2020 and again in 2021; the general assessment for the taxation years 2021 and 2022 was postponed.

During the COVID-19 pandemic, the ARB continued to process appeals, schedule hearings and issue decisions to support the resolution of appeals.

In the fall of 2020, the ARB consulted with stakeholders on proposed changes to its Rules of Practice and Procedure. Effective April 1, 2021, the updated rule changes will focus on the further reduction of the schedule of events timelines from 66-104 weeks to 40 weeks. These changes ensure that appeals will be resolved sooner and will result in a reduced number of appeals being carried over into the next cycle.

The ARB implemented a new Electronic Document Format and Filing Requirements Guideline. The purpose of the guideline is to provide directions for the orderly formatting and filing of electronic documents to be relied on at both a settlement conference and a hearing.

The ARB has also employed expedited timelines for legacy appeals. Legacy appeals are defined as appeals filed before the 2017 taxation year. In January 2020, a new schedule of events (18 weeks) was assigned to each appeal. The number of legacy appeals identified was approximately 7,600. As of March 31, 2021, approximately 855 legacy appeals remained outstanding.

Statistics

Table 1: ARB Performance Results

Table 2: ARB Assessment Appeals Caseload

Table 3: ARB Caseload Breakdown

Note:

*Deemed Appeals: When the ARB has not resolved an assessment appeal by March 31st of the year following the year under appeal, a new appeal will be created for the next tax year. For example, if a decision on a 2020 appeal is not issued by March 31, 2021, a new appeal would be created for the 2021 tax year without the appellant submitting another appeal and paying additional fees. The 2021 appeal would be considered the “deemed” appeal.

Table 4: ARB File Types

Table 5: ARB Tax Appeals Caseload

Table 6: Caseload

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Child and Family Services Review Board

The Child and Family Services Review Board (CFSRB) conducts reviews, hearings and appeals for matters affecting children, youth and families in Ontario, including Children’s Aid Society services complaints, emergency secure treatment admissions, adoption refusals, and appeals of school board expulsions.

The CFSRB’s jurisdiction and authority are derived from the Child, Youth and Family Services Act, the Education Act, the Intercountry Adoption Act, and the Statutory Powers Procedure Act.

Operational Highlights

The CFSRB is almost fully electronic and follows Tribunals Ontario’s digital-first approach to holding proceedings. This means that despite the COVID-19 pandemic, CFSRB was able to transition quickly and conduct its business with minimal delays and disruptions.

In order to improve its ability to meet the CFSRB service standard and to streamline its process, the CFSRB introduced a new Practice Direction on Scheduling and Rescheduling, effective February 1, 2021.

The CFSRB also completed its work on a new Practice Direction on Communicating with CFSRB. This new practice direction will be effective April 1, 2021.

Statistics

Table 1: CFSRB Performance Measures

Note: Most matters were resolved at mediation. Hearings were scheduled for comparatively few matters based on the availability of parties and the anticipated time required to gather relevant supporting information.

Table 2: CFSRB Applications

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Criminal Injuries Compensation Board

The Criminal Injuries Compensation Board (CICB) assesses and awards financial compensation to victims of violent crime committed in Ontario and to the family members of deceased victims. The CICB can compensate victims for pain and suffering, loss of income, treatment expenses, funeral expenses and other costs that result from being a victim of crime.

The CICB’s jurisdiction and authority are derived from the Compensation for Victims of Crime Act and the Statutory Powers Procedure Act.

Operational Highlights

In April 2019, the Government of Ontario announced the winddown of the CICB. The CICB continued to receive applications until September 30, 2019. The CICB will adjudicate all outstanding applications prior to its dissolution.

In 2020-2021, the CICB continued to process and adjudicate the remaining applications before it. On April 1, 2020, a performance target of at least an eight per cent monthly reduction in caseload was set to support a timely winddown of the CICB operations.

The CICB continues to provide quality service to victims of crime and remains steadfast in its commitment to ensuring a seamless and effective winddown of its operations.

Statistics

Table 1: CICB Applications

Note:

*CICB stopped receiving applications on September 30, 2019.

Table 2: Compensation by Benefit Type

Note:

*As part of its winddown process, awards for future treatment are no longer administered by the CICB. These awards are now paid in full directly to an applicant.

Table 3: CICB Performance Measures

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Custody Review Board

The Custody Review Board (CRB) reviews placement decisions regarding young persons being held in detention or custody and makes recommendations to the Provincial Director regarding the placement of youth.

The CRB’s authority and jurisdiction are derived from the Child, Youth and Family Services Act and the Youth Criminal Justice Act.

Operational Highlights

The CRB’s efforts to improve responsiveness and the efficiency of its processes resulted in meeting its performance measures 100 per cent of the time. CRB adjudicators have knowledge and expertise relating to youth and youth justice, and strive to provide fair, effective, and timely dispute resolution. In all cases, an adjudicator will contact the youth within 24 hours of receiving an application.

The transition to working remotely during the COVID-19 pandemic was smooth and without notable delays. As CRB’s processes were already almost fully digital, it was able to conduct its business without any delays and disruptions. CRB’s work, including receipt of applications, is done electronically and no changes to the current process were required.

COVID-19 has resulted in a significant reduction in CRB applications, due to fewer youth being detained in youth justice facilities and transfers between youth justice facilities.

An increase in volume of CRB applications is expected to be gradual with a continued reduction in the movement of youth into and between youth justice facilities until a late stage in the COVID-19 recovery process.

Statistics

Table 1: CRB Applications

Table 2: CRB Performance Measures

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Fire Safety Commission

The Fire Safety Commission (FSC) resolves disputes and conducts hearings regarding fire safety matters, including orders made by inspectors or the Fire Marshal for repairs, alterations or installations to a building, structure or premises. It operates under the authority and jurisdiction of the Fire Protection and Prevention Act and the Statutory Powers Procedure Act.

Operational Highlights

The FSC continued to facilitate early resolutions to efficiently process its matters and close almost as many cases as it received.

Active appeals were managed using case conferences to clarify parties’ positions and issues and discuss whether the matter could be resolved without a hearing. The FSC achieved an approximately 80 per cent successful early-resolution rate, with most matters resolved prior to a hearing.

The FSC worked closely with stakeholders to determine ways to communicate more efficiently and effectively about active cases. These consultations resulted in the FSC updating its electronic filing methods.

The FSC also implemented a process to track outstanding decisions to ensure decisions are released in a timely manner. Case Management Officers leveraged technology to organize tasks to ensure timely review and action to support the case management processes.

The FSC incorporated video technology for the first time in a hearing, allowing a witness to testify via videoconference in alignment with Tribunals Ontario’s digital-first approach to providing services.

Statistics

Table 1: FSC Performance Measures

Note:

*The FSC attempts to facilitate resolution between the parties, which results in multiple case conferences that impact the FSC’s ability to schedule a hearing within 45 days. The COVID-19 pandemic impacted the timeline to resolution due to appellants not being able to conduct repairs/renovations to meet compliance requirements. Further, COVID-19 halted in-person hearings and there was a transition period until digital services were established for the hearing process. Given the FSC’s requirement to form a quorum of three adjudicators, the FSC was unable to consistently meet its performance measures due to an adjudicator shortage. This shortage was addressed with the recruitment of four new adjudicators who were appointed in October 2020 to assist with the caseload volume.

Table 2: FSC Caseload Overview

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Human Rights Tribunal of Ontario

The Human Rights Tribunal of Ontario (HRTO) resolves claims of discrimination and harassment brought under the Human Rights Code. The HRTO offers parties the opportunity to settle the dispute through mediation first. If the parties do not agree to mediation or mediation does not resolve the application, the HRTO holds a hearing.

The HRTO’s jurisdiction and authority are derived from the Human Rights Code and the Statutory Powers Procedure Act.

Operational Highlights

The COVID-19 pandemic accelerated many initiatives already underway at the HRTO.

In response to COVID-19, the HRTO quickly pivoted to holding videoconference hearings using Microsoft Teams, supplementing its longstanding use of teleconference hearings. In November 2020, the HRTO engaged stakeholders to get their feedback on how to improve their experience with electronic hearings. As a result, the HRTO received helpful feedback on improving access to justice, functionality, accommodations and transparency across all hearing formats. As part of the feedback received, in late fiscal 2020-2021 the HRTO transitioned to holding some of its proceedings by Zoom.

Over the last fiscal year, the HRTO made significant progress improving its business model by mapping its current processes, identifying areas of efficiency and starting development work on a plan to operationalize efficiency measures. Over this and the next fiscal years, the HRTO will continue to standardize and consolidate varying business practices to improve the ability of parties to navigate the HRTO and ultimately, to improve access to justice.

The establishment of an adjudicator led Mediation Practice Group in the third quarter of the fiscal year concentrated the HRTO’s expertise in mediation and led to an increase in the number of mediations in the fourth quarter. The results of this initiative were already apparent in the fourth quarter of the fiscal year, where the average number of days to schedule a mediation dropped from 258.5 days in the first three quarters of the fiscal year to 162 days in the fourth quarter, an improvement of 96.5 days per mediation on average. Despite the COVID-19 pandemic, the HRTO issued a comparable number of both merits and interim decisions in 2020-2021 compared to 2019-2020 and made significant strides towards becoming current on reconsideration decisions that were outstanding.

The COVID-19 pandemic affected the composition of HRTO applications in that a greater number of applications were received in the social area of goods, services and facilities compared to employment. The increase in goods, services and facilities applications largely related to the wearing of masks in stores, institutions and other public and private spaces. In recognition of the public need for jurisprudence in this area in response to these new types of interactions, the HRTO prioritized a number of COVID-19 related cases to respond to this complex and rapidly evolving environment.

Statistics

Table 1: HRTO Applications

Note:

*The COVID-19 pandemic impacted the HRTO’s service standards. Both adjudicative and operational processes, such as in person hearings, mediations, paper filing, printing and mailouts, were halted for a period of time while adjustments were made to transition to remote work environments and digital first delivery of services. Staff and adjudicative resources were also a challenge during this time and the HRTO continued to receive and process applications. The HRTO is actively engaged in recruitment efforts to address this in the next fiscal year.

Table 2: Types of HRTO Decisions

Table 3: Applications by Social Area

Note:

*Some applications allege discrimination in more than one social area, so the total may exceed 100%.

Table 4: Applications by Grounds

Table 5: HRTO Performance Measures

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Landlord and Tenant Board

The Landlord and Tenant Board (LTB) resolves applications related to residential tenancy disputes between landlords and tenants and eviction disputes in non-profit housing co-operatives.

The LTB’s authority and jurisdiction are derived from the Residential Tenancies Act, 2006 (RTA) and the Statutory Powers Procedure Act. The LTB is also mandated to provide information to landlords and tenants about their rights and responsibilities under the RTA.

In July 2020, the Ontario Legislature made a number of amendments to the RTA and one of its regulations. These changes required changes to the LTB’s rules and procedures, including creating new or amending existing LTB forms, brochures, practice directions and interpretation guidelines.

Operational Highlights

The LTB implemented several initiatives in 2020-2021 to streamline its processes and address critical challenges.

On March 19, 2020, the Ontario Superior Court issued an order suspending evictions. The LTB suspended hearings related to eviction applications unless the matter related to an urgent issue such as an illegal act or a serious impairment of safety and pivoted to conducting these hearings by telephone and in writing.

When hearings for eviction applications resumed on August 1, 2020, the LTB implemented a videoconference hearing model, amended all of its processes and established the necessary infrastructure.

To support these initiatives, the LTB is committed to ongoing engagement with stakeholders to solicit feedback and input. Since August 2020, the LTB has been meeting regularly with stakeholders on changes to rules and processes, in accordance with Tribunals Ontario Consultation Policy. The LTB has also received written submissions in response to two rounds of stakeholder engagement on Bill 184 Protecting Tenants and Strengthening Community Housing Act.

To support timely and responsive service, the LTB has focused on building up its adjudicator complement and now has more adjudicators than ever before. As of March 31, 2021, there were 37 full time adjudicators and 39 part time adjudicators.

Statistics

Table 1: LTB Applications

Notes:

* The totals do not include non-profit co-operative housing eviction applications.

** In 2020-2021 the majority of applications were resolved at hearing (ordered by hearing contested or uncontested, or ordered by review) – 40%, through mediation (mediated or ordered by hearing mediated) – 14%, and through withdrawals – 30%.

*** In a small number of cases, “resolved” applications are re-opened in the case management system (e.g., when the LTB grants a request for review or an order). As a result, a single application can result in more than one resolution. Therefore, the number of applications open at the end of the fiscal year does not necessarily equal the number from the previous year plus “applications received,” less the “applications resolved.”

Table 2: Landlord Applications Received by Type

Table 3: Tenant Applications Received by Type

Table 4: Co-Op Applications Received by Type

Table 5: Call Centre

Table 6: LTB Performance Measures

Note:

*LTB suspended most hearings related to eviction applications during the early months of the COVID-19 pandemic resulting in delays in the scheduling of hearings. Further, COVID-19 halted in-person hearings resulting in a transition period until a videoconferencing model was established for proceedings. LTB made a number of changes to address delays including establishing a process for an expedited hearing, updating a scheduling plan, and actively engaging in the recruitment of adjudicators to assist with the caseload volume.

Table 7: Requests for Reviews

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Licence Appeal Tribunal

The Licence Appeal Tribunal (LAT) adjudicates applications and resolves disputes concerning compensation claims and licensing activities regulated by the provincial government, including the activities of delegated administrative authorities. The LAT is currently comprised of two main divisions: General Service (LAT-GS) and Automobile Accident Benefits Service (LAT-AABS).

LAT’s jurisdiction and authority are derived from the following:

• Accessibility for Ontarians with Disabilities Act
• Alcohol, Cannabis and Gaming Regulation and Public Protection Act
• Bailiffs Act
• Building Code Act, O. Reg. 332/12 Division C, Part 3
• Child Care and Early Years Act
• Child, Youth and Family Services Act
• Collection and Debt Settlement Services Act
• Condominium Act
• Condominium Management Services Act
• Consumer Protection Act
• Consumer Reporting Act
• Discriminatory Business Practices Act
• Film Classification Act
• Funeral, Burial and Cremation Services Act
• Gaming Control Act
• Highway Traffic Act
• Horse Racing Licence Act
• Intercountry Adoption Act
• Liquor Control Act
• Liquor Licence Act
• Motor Vehicle Dealers Act
• New Home Construction Licensing Act (NHCLA)
• Ontario New Home Warranties Plan Act
• Paperback and Periodical Distributors Act
• Payday Loans Act
• Post-secondary Education Choice and Excellence Act, O. Reg. 279/02
• Private Career Colleges Act
• Private Security and Investigative Services Act
• Real Estate and Business Brokers Act
• Retirement Homes Act
• Statutory Powers Procedure Act
• Ticket Sales Act
• Travel Industry Act
• Vintners Quality Alliance Act

Operational Highlights

Due to the pandemic and the provincial emergency orders, the LAT-GS saw a substantial decrease in Ontario New Home Warranties Plan Act appeals and Liquor Licence Act appeals.

The New Home Construction Licensing Act, 2017 (NHCLA) was proclaimed on February 1, 2021. It established a regulatory scheme for builders and vendors of new homes in Ontario. A builder or vendor who applies for a licence, or is currently licenced under the NHCLA, may appeal proposals or orders to the LAT.

The LAT modified its application intake process to accept appeals via email for the LAT-GS and saw a substantial increase in e-filed applications to the LAT-AABS. The LAT continues to promote and facilitate the early resolution of all disputes between the parties.

Effective April 2020, the LAT began using a new template for the issuance of orders/reports following the conclusion of a case conference. This streamlined process has increased efficiency and improved the LAT’s ability to provide a timely response to these hearing events. This change further improved the LAT’s ability to shorten the time for scheduling a merits hearing. The effectiveness of this change can be seen in Table 3.

Statistics

Table 1: LAT-GS Performance Measures

Table 2: LAT-GS Caseload Overview

Table 3: LAT-AABS Performance Measures

Notes:

*Tribunal data indicates most hearing events are scheduled approximately 21 weeks from time of receipt. Scheduling hearing events earlier often results in significant rescheduling requests due to availability of parties and time required to gather pertinent supporting information. During this initial period, parties are also afforded time to resolve matters through settlement discussions.

**LAT was unable to meet all of its performance measures due to increases in the number of appeals/applications received and resource challenges. LAT is actively working to address this issue in the next fiscal year.

Table 4: LAT-AABS Caseload Overview

Note:

*Figure reflects the number of cases that were closed administratively, dismissed, withdrawn or settled prior to the conclusion of a hearing.

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Ontario Civilian Police Commission

The Ontario Civilian Police Commission (OCPC) adjudicates applications, conducts investigations and resolves disputes regarding the oversight and provision of policing services. This includes hearing appeals of police disciplinary decisions, conducting investigations and inquiries into the conduct of chiefs of police, police officers and members of police services boards.

The OCPC includes two divisions: adjudicative and investigative. The divisions operate independently under one Registrar.

In March 2019, the Ontario Legislature passed the Comprehensive Ontario Police Services Act, which introduced many changes to the oversight of policing in the province. The OCPC was not part of the new framework of oversight and will be dissolved after an appropriate transition period. The majority of its functions will be assumed by the Law Enforcement Complaints Agency (currently the OIPRD), the Inspector-General of Policing and the Ontario Police Arbitration and Adjudication Commission (currently the Ontario Police Arbitration Commission).

Operational Highlights

In response to the COVID-19 pandemic, the OCPC successfully integrated video technology into its processes in May 2020 however, timelines for hearing scheduling and appeal resolution were impacted by the availability of party counsel during the pandemic. The OCPC continues to seek ways of leveraging technology to streamline the hearing process for efficiency.

The case management and legal teams developed a more efficient process to streamline incoming correspondence from parties involved in investigation matters. This included the implementation of a robust tracking system and consistent naming conventions.

Statistics

Table 1: OCPC Performance Measures

Note:

*The COVID-19 pandemic influenced the hearing schedule and appeal resolution due to the availability of party counsel. Further, COVID-19 halted in-person hearings resulting in a transition period until a videoconferencing model was established to identify ways to streamline its process for efficiency.

Table 2: OCPC Caseload Overview

Note:

*Adjustment to definition of Investigation Requests Opened.

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Ontario Parole Board

The Ontario Parole Board (OPB) makes parole decisions for applicants serving a sentence of less than two years in a provincial correctional institution. The OPB also decides applications for temporary absences from a correctional institution for greater than 72 hours.

When considering parole and temporary absence applications, public safety is the OPB’s main priority.

The OPB’s jurisdiction and authority are derived from the Ministry of Correctional Services Act.

Operational Highlights

In response to the COVID-19 pandemic, the OPB began to conduct hearings using the teleconference hearing model at provincial institutions across Ontario. This was facilitated by amendments to section 44(3) of Ontario Regulation 778 that came into effect on April 1, 2020, which permitted hearings to be held in written and electronic formats, including teleconference.

The OPB continued to implement measures to ensure participation of victims and offer culturally appropriate services, such as Circle Hearings, to Indigenous applicants (First Nation, Inuit and Metis) where possible. A comprehensive guide to the conduct of teleconferences which provides guidance to ensure participation and maintain confidentiality of hearings continues to be used to train new OPB adjudicators conducting teleconference hearings.

The pandemic challenged the OPB’s work with Indigenous communities, as many Elder-Assisted hearings were no longer held in person, and the limitations of teleconferences lessened the positive impact of culturally sensitive hearings. The OPB continues to seek solutions in support of offering videoconference services for Circle Hearings.

Between April 1, 2020 and March 31, 2021, the OPB onboarded 11 new part-time adjudicators using a modified in-class training to include additional education modules presented by experienced OPB adjudicators. The new modules consisted of peer mentorship, hearing observation and decision writing training.

Statistics

Table 1: OPB Performance Measures

Note:

*In some cases, further time may be needed due to technical or operational challenges within the institution.

Table 2: OPB Caseload Overview

Notes:

Effective December 2017, the OPB considers all applicants serving a sentence of six months or more for parole before their parole eligibility date as required by the Ministry of Correctional Services Act. 

* Differences in how the OPB accounts for applications received, decisions rendered, and hearing events has resulted in reported figures differing substantially from previous years where the OPB relied upon statistical information from Ministry of the Solicitor General - the numbers for previous years are not directly comparable.

Table 3: OPB Hearings Overview

Note:

*Not applicable due to the impacts of COVID-19.

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Ontario Special Education Tribunals — English and French

The Ontario Special Education Tribunals (OSETs) hear appeals from parents who have been unable to resolve disputes with school boards with respect to the identification and placement of exceptional pupils.

The OSETs’ jurisdiction and authority are derived from the Education Act and the Statutory Powers Procedure Act.

Operational Highlights

With few appeals filed in the last fiscal year, the OSETs continued to work effectively and efficiently throughout the 2020-2021 year to ensure justice for parents and school boards across Ontario.

A total of two appeals were received. One appeal was resolved and dismissed by decision due to lack of jurisdiction. OSETs did not receive any French applications in the fiscal year.

Statistics

Table 1: OSETs Performance Measures

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Social Benefits Tribunal

The Social Benefits Tribunal (SBT) considers appeals by applicants who have been refused social assistance and recipients of social assistance who are appealing a decision that affects the amount of, or their eligibility for, social assistance.

The SBT’s jurisdiction and authority are derived from the Ontario Works Act, the Ontario Disability Support Program Act (ODSP) and the Statutory Powers Procedure Act.

Operational Highlights

In response to the COVID-19 pandemic, SBT converted all in-person hearings to telephone hearings and staff were provided with the technology and support needed to successfully transition to remote work.

On January 18, 2021, SBT held a stakeholder meeting and renewed its commitment to engage with stakeholders twice annually. The purpose of this meeting was to discuss and share information regarding SBT adjudicator recruitment, electronic submissions for Ontario Works (OW) offices and access to technology.

SBT made improvements to its case management system by adding new reports, updating letters, and new notices for the Microsoft TEAMS platform. These additions helped streamline daily operations and improved SBT’s timely delivery of services to the public.

SBT continued to improve the process of accepting electronic submissions from legal clinics and respondent offices. Currently Disability Adjudication Unit, ODSP offices and the OW offices in Toronto provide submissions electronically. SBT also worked with several OW offices in other municipalities to be able to provide submissions in an electronic format as well.

SBT continued to improve the Early Resolution Opportunity program (ERO), by scheduling an Early Resolution Session within 30 days from the date it received an appeal. In 2020-2021, the tribunal held 1979 ERO sessions. The settlement rate was approximately 32 per cent.

Statistics

Table 1: SBT Appeals

Table 2: SBT Appeals of Program

Table 3: ODSP Appeals by Category

Table 4: OW Appeals by Category

Table 5: ODSP Decisions by Outcome

Notes:

*Cases denied in absentia: Appellant was not present for the hearing.

**Other decisions include consent order, no appeal before the tribunal, appeal out of time, no jurisdiction, matter resolved or withdrawn, or cases referred back to the Director or Administrator to reconsider its original decision in accordance with the directions given by the tribunal.

Table 6: OW Decisions by Outcome

Notes:

*Cases denied in absentia: Appellant was not present for the hearing.

**Other decisions include: consent order, no appeal before the tribunal, appeal out of time, no jurisdiction, matter resolved or withdrawn, or cases referred back to the Director or Administrator to reconsider its original decision in accordance with the directions given by the tribunal.

Table 7: SBT Performance Measures

Notes:

*SBT was unable to meet all of its performance measures due to an increase in case volumes in the preceding fiscal year carried forward, the transition from in-person hearings to remote hearings due to the pandemic and resource challenges. SBT is working to address these issues in the next fiscal year.

Table 8: SBT Caseload Overview

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Financial Summary

The 2020-2021 financial summary includes the consolidated expenditures for Tribunals Ontario and Ontario Land Tribunals. The Ontario Land Tribunals was established in July 2020 and the financial reporting structure remained status quo, with both reporting through the Tribunals Ontario’s allocation until March 2021. The financial summary also includes the Criminal Injuries Compensation Board transfer payments and the expenditures for the Licence Appeal Tribunal - Automobile Accident Benefits Service, which are fully recoverable from the insurance industry.

Tribunals Ontario is continuing to review its business practices to identify efficiencies and modernize and streamline practices to deliver better service for people across the province.

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Table 1A: Comparison of Tribunals Ontario Expenditures

Note:

*Ontario Land Tribunals came into force on July 1, 2020. This data includes Ontario Land Tribunals expenditures.

Table 1B: Ontario Land Tribunals Expenditures

Note:

*Ontario Land Tribunals came into force on July 1, 2020. The 2020-2021 Ontario Land Tribunals fiscal expenditures are reflected in the table.

Table 2: Comparison of CICB Awards Allocated for Victims of Violent Crimes

In April 2019, the Government of Ontario announced the wind down of CICB. CICB continued to receive applications until September 30, 2019. In 2020-2021, CICB deposited $6,770 in the Consolidated Revenue Fund for monies recovered by applicants through civil actions, pursuant to s.26(5.1) of the Compensation for Victims of Crime Act.

Table 3: Comparison of Tribunals Ontario Revenue

Revenue received by Tribunals Ontario is transferred to the provincial government’s Consolidated Revenue Fund.

Notes:

*Application filing fees also include fees collected for FOI requests and sale items such as photocopies, certified copies of orders, and recording of hearings.

**As of April 1, 2016, the Licence Appeal Tribunal began receiving applications under the Insurance Act, and the Statutory Accident Benefits Schedule for LAT-AABS. The cost of LAT-AABS is fully recovered from the insurance industry. Regulation 160/16 sets out a points scheme that determines each insurer’s share of the assessment, which is based on their usage of the service.

Table 4: Remuneration of Appointees to Adjudicative Tribunals and Regulatory Agencies

Table 5: Remuneration Paid to the Full-time and Part-time Members

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Appendix A

Appointees

*Indicates appointees who were no longer with TO as of March 31, 2021, or whose position at TO changed in the 2020-2021 fiscal year.

+Indicates appointees who are cross appointed to more than one of Tribunals Ontario constituent tribunals.

^Conservation Review Board - Environment and Land Division

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