Tribunals Ontario
2021-22 Annual Report

Ce document est également disponible en Français.

ISBN 978-1-4868-6084-5
© Queen's Printer for Ontario, 2022

Dear Attorney General Doug Downey:

Re: Tribunals Ontario 2021-22 Annual Report

On behalf of Tribunals Ontario, it is our pleasure to submit to you our 2021-2022 Annual Report.

This report reflects the activities of Tribunals Ontario for the fiscal year ending March 31, 2022.

Tribunals Ontario has taken great strides to modernize our organization and adapt many of our core services over the past two years, while always keeping access to justice at the centre of everything we do.

Transitioning to a digital-first model ensured continuity of services to the people of Ontario, while ensuring the continued health and well-being of staff, adjudicators and those participating in dispute resolution proceedings during the pandemic.

The attached report presents a snapshot of our ongoing modernization initiatives, along with various key operational highlights across our 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

Transformation is a word that aptly describes the game-changing innovations Tribunals Ontario implemented in the 2021-2022 fiscal year. Our organization remains focused on delivering a strong, accessible, and modern administrative justice system, and it has been a successful year.

The delivery of public services has been shifting for several years and we recognize now more than ever the strategic importance of digital modernization. Tribunals Ontario is now a digital organization with all our tribunals operating online successfully. Our major milestone in 2021-2022 was the launch of two significant technology projects – Navigate Tribunals Ontario and Tribunals Ontario Portal – that are transforming how users engage with our tribunals. The portal is our new case management system that will transition nine legacy systems across all our constituent tribunals to one system. This project is a central part of our digital-first strategy, and its launch is a giant step forward in our ongoing modernization journey. A significant amount of time and effort went into developing the system and we are proud of our work to date. We continue to enhance the system by adding more functionality for those who access our services, and we are planning to bring the remaining tribunals on board over the coming years.

It’s our commitment that with each digital-first service decision, we will be guided by our fundamental principles of innovation and enhancing access to justice. While most of our users appreciate and prefer using these new digital tools, we recognize that not everyone is able to use them and for those users, we provide alternatives to ensure that they can access our dispute resolution services in ways that better suit their needs. We plan to introduce more alternatives to continue enhancing access to justice in a user-friendly manner.

We continued to make ongoing improvements to our virtual hearing process to ensure that hearings are accessible, user friendly and state of the art. We also focused on tools to improve the digital literacy of our users so that they can better access and participate in virtual hearings.

Transformation can bring new challenges, but it is also a way to identify gaps in our processes and highlight areas for improvement. Our strategy is not to simply digitize old processes for the sake of modernization, but to find new solutions that better meet the needs of Ontarians and those who access our services. An example of this is our expansion of access terminals to all our tribunals so that any party appearing before our tribunals who does not have access to a telephone, computer and/or the internet may be accommodated in the Toronto, Hamilton, London and Ottawa hearing centres to participate in their virtual hearings.

The other important area that we focussed our efforts on this fiscal year was the recruitment and appointment of adjudicators. I am pleased to say that we are nearly at a full complement of adjudicators with more adjudicators at Tribunals Ontario than at any other time.

With our concerted efforts, I believe we are well on the path to achieve our vision of becoming recognized as being among the best adjudicative tribunals in North America.

Sincerely,

Sean Weir
Executive Chair

Return to Top

Executive Director's Message

The past fiscal year has undoubtedly been one of transformation at Tribunals Ontario, and that change has provided us with opportunity, progress, new beginnings, and new ways of doing things. For the second year in a row, I’ve seen how Tribunals Ontario staff and adjudicators have risen to meet every challenge and continued to put access to justice at the forefront of everything we do. Throughout different waves of the pandemic, our staff and adjudicators have demonstrated remarkable resilience and commitment to public service.

Our transformation journey is centred on three key pillars – digital-first modernization, user-experience strategy, and a people-first plan. These three pillars will continue to guide our plans and activities, as described in this report.

Technology has a transformative impact on individuals and how they access government services. Prior to the pandemic, Tribunals Ontario, like most in the justice sector, was generally paper-based and in-person. The pandemic created a shift and an urgent need to provide digital options to ensure that our tribunals continued to be accessible and available to users. Now, applicants and parties can access our services at any time and from anywhere in Ontario, and they like this change. People tell us that it is easier and more convenient for them, and that they prefer to submit applications online and participate in a hearing or mediation from the comfort of their home or office. At the heart of digital transformation is the user. We know that digital solutions are improving access to justice, and also that Ontarians want value for money and digital services that are user-friendly and time-and cost-effective.

This important work can only be done with an engaged, skilled and diverse workforce. To that end, we continue to promote a diverse and inclusive workplace where staff and adjudicators receive fair treatment and equitable access to opportunities across all levels of the organization. We are creating an environment where people feel safe, respected, and welcomed for the unique contributions they bring to the table.

I am proud of the accomplishments and progress we have made transforming our organization thus far. We still have a lot to do, but we are committed to evolution and continuous improvement to ensure access to justice for all Ontarians in the months and years to come.

Sincerely,

Harry Gousopoulos
Executive Director

Return to Top

About Tribunals Ontario

In 2021-22, Tribunals Ontario was responsible for 14 boards and tribunals, that fall under the Ministry of the Attorney General:

• Animal Care Review Board (ACRB)
• Assessment Review Board (ARB)
• Child and Family Services Review Board (CFSRB)
• Criminal Injuries Compensation Board (CICB)
• Custody Review Board (CRB)
• Fire Safety Commission (FSC)
• Human Rights Tribunal of Ontario (HRTO)
• Landlord and Tenant Board (LTB)
• Licence Appeal Tribunal (LAT)
• Ontario Civilian Police Commission (OCPC)
• Ontario Parole Board (OPB)
• Ontario Special Education Tribunals – English and French (OSETs)
• Social Benefits Tribunal (SBT)

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.

Return to Top

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 664 allocated staff positions as outlined below. This allocation includes staff positions that were part of the CICB that was dissolved on December 31, 2021.

Tribunals Ontario Staff

Notes:

Tribunals Ontario had a total allocation of 157 full-time adjudicator positions (including those who worked at the CICB). Some adjudicators are appointed to more than one tribunal (see Appendix A for a full list of adjudicators).

*The Executive Office includes communications, access to justice, administrative support, professional development and training and public appointments.

**CICB was dissolved on December 31, 2021. Tribunals Ontario and CICB shared existing resources including allocated positions for the 2021-2022 fiscal year. Forty-one staff positions and two Order-in-Council (full-time) positions were allocated to the CICB.

Tribunals Ontario Appointees

Over the course of 2021-2022, Tribunals Ontario continued active 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 adjudicators. Based on the results of this process, the Executive Chair makes recommendations for new appointments and reappointments to the Attorney General of Ontario.

Between April 1, 2021 to March 31, 2022, Tribunals Ontario received 3,492 adjudicator applications, conducted 462 interviews, and worked with the government to appoint or reappoint 292 adjudicators. On March 31, 2022, Tribunals Ontario had 147 full-time and 189 part-time adjudicators. This is the highest number of adjudicators the organization has ever had. Tribunals Ontario will continue to work with the government to achieve and maintain a full complement of adjudicators.

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 critical to the administration of the province’s justice system.

Return to Top

Digital-First Strategy

In a digital society, Ontarians expect online services that they can access from their home or office and the convenience of using the videoconferencing technology that has become a part of daily lives for many.

To leverage the potential of digital technologies and to meet the needs and expectations of its users, Tribunals Ontario has implemented a digital-first strategy. Fundamental to this strategy is the new online case management platform, Tribunals Ontario Portal, and conducting virtual hearings (including telephone and written) as a default hearing format over in-person hearings. This digital-first approach will allow Tribunals Ontario to provide accessible and efficient services that provide value for money for Ontarians.

Accessible

Recognizing the efficiency and convenience of remote access to hearings, prior to the pandemic, Tribunals Ontario had already begun to transition some of its dispute resolution services away from in-person proceedings. The realities of the global pandemic accelerated the shift to virtual hearings that had already been underway. Today, Tribunals Ontario holds hearings virtually as the default format.

Virtual hearings have increased access to justice for many individuals who experience barriers with an in-person hearing model. The time to travel, time off work and childcare expenses, are often reported as challenges to accessing justice. A survey from the Canadian Forum on Civil Justice found that, while lawyers’ fees are the most often cited expense by court users, a close second expense is the cost of travel to appearances¹. These challenges are exacerbated in remote and rural regions, where travel distances can be significant. Virtual hearings can also be cost-efficient for parties with legal representation, reducing cost billed by legal representation for travel or waiting time at a hearing centre.

The Tribunals Ontario Portal online case management system is another way to make the tribunal process more accessible to users by bringing it to them in an online format. Users can submit applications and payments online and check progress and the status of files, from the convenience of their home and at a time that works for them.

Efficient

Digital technologies will also allow Tribunals Ontario to unlock operational efficiencies to provide better, faster and more agile services. Over the long term, the Tribunals Ontario Portal online case management platform will help minimize manual work and data entry on the part of staff and thus allow for faster processing times and more efficient resourcing. Users also benefit from the efficiencies of a streamlined and standardized online process, with the ability to submit documents online, reducing costs for paper printing and mailing as well as the wait time associated with mailing.

Virtual hearings support other operational benefits such as more efficient scheduling. Where the traditional in-person scheduling model had to consider the location of the parties and adjudicators as well as availability at the hearing centre, virtual hearings remove these constraints. Maximizing the scheduling of adjudicators provincially allows for more efficient scheduling so matters can be scheduled more quickly. This is a particular advantage for the scheduling of bilingual adjudicators, who can now more easily be scheduled to hear a matter in French, no matter where the parties are located.

Value for Money

At the heart of digital transformation is the user. Ontarians want value for money and digital services that are user-friendly and time-and cost-effective.

Like other organizations in both the public and private sectors during the pandemic, Tribunals Ontario was required to pivot most of its services online. This accelerated transition to digital, and in particular to virtual hearings, had its challenges. However, Tribunals Ontario is continuously iterating and adapting digital services to make sure they meet the needs of users.

Tribunals Ontario continues to seek feedback from participants on its videoconferencing technology and virtual hearing experience, such as through engagements with stakeholders and post-hearing surveys at many tribunals. Survey results are reviewed regularly to identify common issues and successes to inform internal training, user support and other initiatives.

Over the fiscal year, Tribunals Ontario has continued to explore user-centred design models and will be looking for ways to incorporate these practices to ensure design work is headed in the right direction. Examples of ways Tribunals Ontario has continued to adapt and improve the digital-first model include:

Zoom Transition

Acting on feedback from parties and stakeholders for a more user-friendly virtual hearing platform, Tribunals Ontario began offering virtual hearings on the widely used Zoom videoconference platform as a pilot at the LTB in March 2021. The tools and functionality in Zoom created a better experience for users. Upon completion of the pilot, Tribunals Ontario shifted from using Microsoft Teams to Zoom to conduct tribunal and board video proceedings. The transition to Zoom was done in a phased manner to ensure it was smooth and did not create disruption to services. By the end of the fiscal year, all of Tribunals Ontario had transitioned to Zoom for videoconference proceedings.

Virtual Circle Hearings

While OPB was delivering Circle Hearings by teleconference after the pandemic began, it recognized that a different platform was necessary to honour the traditions and significance of Circle Hearings for Indigenous applicants. In October of 2021, the OPB successfully held its first Zoom Circle Hearing at the Central North Correctional Centre in Penetanguishene. Zoom videoconferencing allows the Indigenous applicant, OPB adjudicators, assistants, victims and the Indigenous Elders to connect virtually while also ensuring that the OPB continues to meet its commitment to deliver a culturally appropriate hearing process to Indigenous Peoples.

Virtual Hearings Moderators

Tribunals Ontario is committed to support parties in their virtual hearings to ensure they can fully access and participate in the dispute resolution process. The LTB has assigned moderators to some hearing blocks to assist with technical issues and direct the flow of parties between hearing rooms, mediation and counsel rooms. Moderators may also help sign in those who join by phone and troubleshoot in case any issues arise. Tribunals Ontario will continue to explore other ways to support users in navigating their virtual hearings, including the potential of a “hotline” parties can call if they are experiencing issues.

Access to Justice in Digital-First

While digital services improve access to justice for many; for some, it can be challenging. Although over 94 percent of Canadians have internet access at home², there exists a digital divide. Some individuals do not have access to a computer and the internet or may have access but do not have the digital literacy to comfortably use these tools.

Last fiscal year, Tribunals Ontario received over 107,000 appeals and applications, of which 301 requested an in-person hearing, which amounts to less than 0.3 percent of appeals and applications received. Although requests for in-person hearings are relatively low, Tribunals Ontario recognizes there can be barriers to access to justice in a digital-first environment. Some of the ways Tribunals Ontario is helping to ensure that everyone, regardless of their circumstances, is able to participate fully in tribunal processes, include:

Access Terminals Expansion

Last fiscal year, Tribunals Ontario increased access to technology in Toronto by setting up access terminals with a computer and telephone at the 15 Grosvenor Hearing Centre. LTB parties who had a virtual proceeding, but did not have access to a computer, phone, or internet, could make a request to use an access terminal to participate in their proceeding electronically. Each request was evaluated by LTB on a case-by-case basis.

On June 21, 2021, Tribunals Ontario increased this access by expanding these terminals to the Hamilton, London, and Ottawa hearing centres. On November 25, 2021, Tribunals Ontario expanded the availability of these terminals to all tribunals.

Over the last fiscal year, Tribunals Ontario accommodated 83 parties by booking an access terminal across these locations to allow them to fully participate in their virtual proceeding. Tribunals Ontario staff were available to provide support at the hearing centres to assist with basic technology issues or questions. Over the next fiscal year, Tribunals Ontario will look at further expanding these terminals to more locations across the province to provide greater access to those who need it.

Phone Pilot

To help facilitate telephone access to hearings, Tribunals Ontario launched a pilot program at the LTB to lend inexpensive cell phones and provide top-up minutes for parties with limited minutes on prepaid/pay-as-you-go plans. This program is free and there is no cost to users. Tribunals Ontario is working to expand this pilot program to additional tribunals and evaluate integrating it as a permanent program.

Digital Literacy Supports

To support access to justice and help ensure users have the digital skills and ability to be full and active participants in a virtual hearing, Tribunals Ontario has developed resource guides and step-by-step instructions on navigating the virtual platforms. Tribunals Ontario continues to develop user support resources to help users be better prepared for virtual hearings.

Digital-First, but not Digital-Only

Tribunals Ontario is committed to providing fair, equitable access to justice for all those who need its services. Digital-first does not mean digital-only.

Accommodation Requests

A party can request a different format, including an in-person hearing, as an accommodation for an Ontario Human Rights Code-related need, or if they can establish that the specified hearing format will result in an unfair hearing. The Tribunals Ontario Practice Direction on Hearing Format 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. This ensures that everyone, regardless of their abilities, can participate fully in the tribunal process.

A review was conducted over the past year to the public facing information regarding accommodations and numerous changes were made to enhance the use of plain language and minimize complex language and jargon. Key information was also organized into user groups and common requests for accommodation so that users can find the information they are looking for, easily and quickly on the website. The new accommodation webpage was published in June 2022.

Tribunals Ontario has started the work to provide in-person hearings for those with approved accommodation-based requests. With public health restrictions now easing across the province, Tribunals Ontario is in a position to offer this type of accommodation, safely and responsibly.

Return to Top

Navigate Tribunals Ontario and Tribunals Ontario Portal

On March 11, 2021, the Ministry of the Attorney General announced the Justice Accelerated Strategy. The multi-year strategy includes a new investment of $28.5 million into technology designed to modernize the tribunal system and increase efficiencies to reduce delays and resolve matters more quickly.

Two new platforms were launched this past year as a result of this investment: the Tribunals Ontario Portal, a new case management system that has transformed how users engage with tribunals, and Navigate Tribunals Ontario, an innovative new online tool that makes it easier and faster for users to find the information they need.

The LTB is the first tribunal to transition to these new platforms. Before the launch of both systems, LTB stakeholders were invited to attend demonstrations and provided the opportunity to ask questions of subject matter experts. In addition to these sessions, the LTB ensured stakeholders were informed as enhancements and improvements were made to the system.

Over the next two years, Navigate Tribunals Ontario and the Tribunals Ontario Portal will be expanded to more tribunals, boards and commissions.

Navigate Tribunals Ontario

On July 2, 2021, Tribunals Ontario launched Navigate Tribunals Ontario, an interactive online information tool which uses self-guided pathways to help users learn about the steps they can take to manage their disputes. It provides information in easy-to-understand plain language and resources specific to the user’s scenario. Exploration sessions can be saved and returned to at a later time, allowing users to continue an exploration or revisit the information and resources provided.

The LTB was the first to use Navigate Tribunals Ontario. Users can now navigate the pathways to learn about LTB forms and processes, the Residential Tenancies Act, 2006 and the rights and responsibilities of landlords and tenants.

Between July 2021 and March 31, 2022, there were over 38,000 user explorations.

Tribunals Ontario Portal

On December 8, 2021, Tribunals Ontario launched the Tribunals Ontario Portal - a new case management system that will transform the user experience and streamline the dispute resolution process by allowing applications to be filed, processed and scheduled online.

Over the long term, this new platform will help Tribunals Ontario unlock operational efficiencies and ultimately help reduce delays. Once all tribunals are on the Tribunals Ontario Portal, many aspects of case management and reporting will be standardized, giving users a more consistent experience across all constituent tribunals.

Features of the Tribunals Ontario Portal include:

• Applications and payments can be completed and submitted online and are easy to use, reducing the wait time associated with mailing or couriering documents
• Documents can be uploaded on to the portal, viewed and shared faster and more conveniently with other parties and directly with the tribunal
• Parties can interact with one another using the online dispute resolution feature and take a more active role in their case as it progresses
• The progress and status of files can be conveniently checked online any time
• The need for paper transmissions of documents, notices and orders is reduced
• Tribunals Ontario will be better equipped to track case-related information and harness data analytics to help inform the evolution of service delivery

Since it was initially launched, the Tribunals Ontario Portal has undergone a series of enhancements and updates. As of March 31, 2022, users can file the four highest volume applications at the LTB, view and exchange documents with other parties, request mediation services and view and receive documents from the LTB. Over the coming months, LTB users will be able to file more forms online through the portal and additional functionality will be introduced including self-scheduling.

Between December 8, 2021 and March 31, 2022, over 16,000 applications were filed through the Tribunals Ontario Poral by landlords and tenants. Tribunals Ontario continues to accept applications and document filings by mail and courier from users who cannot or choose not to access the online system.

Return to Top

Improving User-Experience

Tribunals Ontario has taken great strides to modernize, adapt, and transform many of its core services, while always keeping access to justice at the centre of its focus.

Over the past two years, Tribunals Ontario has been working to reduce backlogs and create more efficient processes to improve the user-experience. Tribunals Ontario recognizes the significant impact that service delays have on those who access its services. It continues to review and address the factors that contribute to delays.

A fundamental part of improving the user-experience is focusing and prioritizing the needs of users when designing or enhancing services. Since implementing its digital-first strategy in September 2020, Tribunals Ontario has been expanding and building on this approach to ensure even more services are available digitally. This includes the launch of the Tribunals Ontario Portal and Navigate Tribunals Ontario as part of the Ministry of the Attorney General’s Justice Accelerated Strategy to transform and improve how parties participate in the process.

As most of the Tribunals Ontario staff and adjudicators continued to work remotely, many tribunals have been reviewing and improving operational processes to provide more efficient and timely resolution of files. Recruitment has also been a focus to ensure that Tribunals Ontario has a sufficient adjudicator and staff complement to support timely dispute resolution.

On March 30, 2022, the government introduced legislation that would invest millions towards the LTB to alleviate backlogs. This funding will enable the LTB to appoint new adjudicators, hire more staff, and create more efficient processes to resolve disputes quicker.

Stakeholder Engagement

Tribunals Ontario remains committed to engaging with stakeholders on a regular basis. Tribunals Ontario’s Public Consultation Policy outlines how and when feedback is obtained from stakeholders and members of the public when Tribunals Ontario is considering revisions to rules or policies. Tribunals Ontario continued to engage with stakeholders regularly to exchange information and gather feedback based on its Public Consultation Policy.

Tribunals Ontario recognizes that consultations and ongoing dialogue play a critical role in ensuring that tribunal processes and rules meet stakeholder and user needs. Some of the ways that Tribunals Ontario engaged with its stakeholders over the past year include:

• The ARB continued engaging with stakeholders through the Appeals Management Committee
• The HRTO continued to meet with stakeholders as part of its efforts to improve services and to facilitate timelier and more efficient dispute resolution. In addition to informal engagement sessions, the HRTO invited stakeholder feedback on its forms, guides, rules and processes in April 2021
• The LTB continued to meet regularly with stakeholders on changes to rules and processes and also demonstrated features and provided an overview of the Tribunals Ontario Portal
• The Licence Appeal Tribunal - Automobile Accident Benefits Service (LAT-AABS) - met with stakeholders to gather feedback on its operational processes, resulting in the launch of a canvassing-based scheduling model for all oral adjudicative events which gives parties the opportunity to select case conference and oral hearing dates
• The SBT met with stakeholders to discuss and share information regarding processes, adjudicator recruitment, backlog and scheduling practices

French Language Services Policy

Tribunals Ontario has a French Language Services (FLS) Committee comprised of staff and adjudicators with the mandate to develop and enhance the organization’s framework for the provision of French language services and ensure compliance with the French Language Services Act (FLSA).

To ensure sufficient bilingual adjudicator capacity to provide equivalent access to, and quality of, services in French, Tribunals Ontario continued to actively recruit bilingual adjudicators. During the fiscal year, additional processes were implemented to promote and target adjudicator postings to the Francophone community.

Tribunals Ontario also continued to support bilingual staff and adjudicators with training opportunities to maintain and develop their French language skills. In January 2021, the FLS Committee, in partnership with Ministry of the Attorney General, held an online French Language Training Conference where bilingual staff and adjudicators had the opportunity to receive training on plain language French in a legal setting and practice their French in interactive workshops.

As part of its commitment to ensuring all staff and adjudicators (both French and English speaking) are trained on their responsibilities under the FLSA, additional refresher training sessions on ‘active offer’ were provided to current staff and adjudicators during the year. An active offer is the set of measures taken to ensure that French language services are clearly visible, readily available, easily accessible, publicized, and of equivalent quality to services offered in English.

Return to Top

Diversity, Inclusion and Accessibility

Tribunals Ontario is committed to fostering and sustaining a work environment that is diverse, inclusive, and accessible and a workforce that is representative of the public it serves.

In May 2021, Tribunals Ontario launched its Diversity and Inclusion Committee with a mandate to identify, prevent and work towards removing barriers that could be harming the well-being and careers of staff and adjudicators who are Indigenous, Black, racialized, LGBTQ2S+ and persons with disabilities.

The committee is working to identify areas of improvement, creating and implementing inclusive practices that can be incorporated into day-to-day work at Tribunals Ontario to help celebrate diversity and bring about awareness on these important topics. This work will help create a more inclusive workplace culture free from discrimination and harassment.

Tribunals Ontario has over 70 Positive Space Champions, including the Executive Chair and Executive Director, who are helping to create an inclusive and safe environment. Positive Space Champions are individuals who have completed training administered by the Ontario Public Service Pride Network and who are committed to creating an LGBTQ2S+ inclusive and supportive environment.

In June 2021, Tribunals Ontario developed an Anti-Racism Action plan based on the Roadmap to Racial Equity in the Ontario Public Service, which aims to mobilize change across the OPS. The action plan identifies the organization’s ongoing efforts towards its commitment to education and awareness through courses such as:

• Ontario Human Rights Commission’s Call It Out eLearning program
• Addressing & Eliminating Anti-Black Racism within the Ontario Public Service professional development session
• Mandated Indigenous Cultural Competency Training (San’yas Program)
• Bimickaway Indigenous Training
• Mandatory Anti-Racism Competency and Capacity Digital Learning Program
• Mandatory OPS accessibility training through LearnON

Various other initiatives have been introduced as part of the organization’s action plan, including:

• Promotion and strong encouragement by leadership for managers to utilize the OPS Diverse Interview Panel Program to help source a more representative interview panel and ensure greater diversity of the recruitment team
• Creation of a new Tribunals Ontario Days of Significance Calendar for 2022. Days of Significance are recognized in various ways throughout the year, including through intranet postings, newsletter articles, Executive Office memos and events, raising awareness of different cultures and beliefs
• Lunch and learns and other events, which included a panel discussion to discuss the significance of the recently established National Day for Truth and Reconciliation (September 30, 2021)

Return to Top

Professional Development

Professional development is an integral part of the workplace culture at Tribunals Ontario. Training of adjudicators and staff ensures they have the most current and relevant knowledge of legislation, rules, and operational and adjudicative functions and processes.

Tribunals Ontario has provided new adjudicator onboarding and tribunal-specific training sessions 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 such as decision writing, access to information and privacy, operational and legislative changes, mediation, alternative dispute resolution, and early resolution, accommodation, fairness and French Language Services.

Job shadowing and ongoing mentoring are important components of the training program. The onboarding and training plan ensures that Associate Chairs and adjudicators are trained to resolve disputes and deliver administrative justice in a fair, effective, and a timely manner.

Over the past year, Tribunals Ontario partnered with the Society of Ontario Adjudicators and Regulators (SOAR) and Osgoode Professional Development/Osgoode Hall Law School to provide specialized training for Tribunals Ontario adjudicators. The training consisted of three online training modules designed to give new adjudicators a solid grounding in the principles of administrative law and core adjudicative functions like hearing management and decision writing. This training can be used towards a SOAR Certificate in Adjudication for Administrative Agencies, Boards and Commissions.

In addition to the above, Tribunals Ontario staff and adjudicators participated in various other training programs, including:

• Indigenous Cultural Competency Training through the San’yas Indigenous Cultural Safety Program and the Indigenous Justice Division’s Bimickaway Training Program
• French Language Services Policy and Active Offer training as well as ongoing French language training for French-speaking adjudicators and staff, including a Tribunals Ontario French Language Training Conference
• OPS-led learning and development courses

Return to Top

Performance Measures

Service excellence is a priority for Tribunals Ontario. Pursuant to the Adjudicative Tribunals Accountability, Governance and Appointments Act, every tribunal or cluster must develop, and make public, service standards.

Tribunals Ontario’s performance measures are designed to assess the organization’s effectiveness in delivering the core business of resolving disputes in an accessible, fair, efficient and timely manner. The performance measures set out in this Annual Report are also important for public accountability and serve as a vital operational tool for strategic decision-making and driving process improvements.

Over this fiscal year, many tribunals and boards met or exceeded all of their respective service targets. For instance, at the OPB, 98 per cent of hearings were convened and decisions issued to applicants by their parole eligibility date, against a target of 80 per cent. The ARB continued to exceed all targets this year, including issuing a decision within 60 days of a hearing in 99 per cent of cases, above the target of 85 per cent. Several other tribunals and boards met or exceeded the majority of their service targets. These indicators help to demonstrate that processes at these tribunals and boards are largely working as intended to achieve key service standards that the public can expect when engaging with them.

At the same time, Tribunals Ontario recognizes that some tribunals and boards have experienced challenges that have caused them to fall short of meeting their service targets. Some of the broader challenges that have contributed to service delays include outdated case management systems, less than a full complement of adjudicators combined with the unprecedented challenges of the pandemic that have continued to affect many key areas. For instance, at the LTB, the 5-month moratorium on evictions in 2020 resulted in a significant increase in the LTB’s active caseload. Efforts have been underway since that time to catch up.

Addressing the factors that contribute to the delays and backlogs is a top priority for Tribunals Ontario. Over the past fiscal year, the tribunals and boards experiencing service delays have continued to implement strategies to improve services by increasing the number of adjudicators and enhancing the efficiency of caseload management. These plans include an aggressive recruitment framework to ensure recommendations to renew or fill vacant adjudicator positions are processed in a timely manner, robust training plans for new adjudicators and procedure reviews to identify and implement efficiencies with respect to application processing, scheduling hearings and issuing orders.

For instance, the LTB has been monitoring and streamlining the order issuance process to improve timelines and continued to explore opportunities to increase throughput while ensuring its scheduling model is sustainable. Efforts at the HRTO include focusing on the recruitment of adjudicators and operational staff members and reviewing backlogged applications, placing a priority on reviewing files for completeness and addressing jurisdictional issues earlier in the process for all active cases younger than the case lifecycle.

The LAT-AABS has also prioritized actively recruiting new adjudicators and improving the scheduling model to position the tribunal to be able to increase the number of cases closed over the next fiscal year.

Measures to improve scheduling and recruit new adjudicators at the SBT implemented over this fiscal year are yielding positive results. Since May 2021, the tribunal has been closing more files than it opens each month, and the active caseload has been steadily declining.

As part of Tribunals Ontario’s ongoing commitment to continuous improvement and ensuring that the services provided meet the needs of users, the organization has been working towards implementing new organization-wide Key Performance Indicators to provide a streamlined framework to assess performance consistently across all tribunals.

Return to Top

Tribunal Highlights

Animal Care Review Board (ACRB)

The ACRB resolves disputes and conducts hearings relating to animal welfare, including appeals of orders and decisions of the Chief Animal Welfare Inspector and other animal welfare inspectors.

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

Operational Highlights

Changes to PAWS in 2020 expanded the jurisdiction of inspectors and increased the number of Animal Welfare Services inspectors, which may be the reason for the increased number of appeals before the ACRB in 2021-2022. Despite the increase, the ACRB continued to meet legislated timelines and meet hearing event performance targets. The tribunal closed the same number of appeals as were filed with it last fiscal year.

In 2021-2022, the ACRB focused on better managing case conferences which resulted in a lower number of case conferences required per appeal.

In addition, efforts were made to realign and refine case file management and processes, resulting in greater operational efficiencies which allowed the tribunal to successfully manage an increase in new appeals.

The ACRB also saw an increase in the number of new adjudicators appointed and cross-appointed to the ACRB in 2021-2022. During this time, many adjudicators completed or were enrolled in training sessions including “PAWS Act: one year later,” Zoom and SOAR adjudicative training.

Aligning with Tribunals Ontario’s digital-first approach, the ACRB continued to provide services by scheduling digital hearings this fiscal year.

Statistics

Table 1: ACRB Performance Measures

Notes:

*The ACRB was unable to meet this performance target due to an increase in complex appeals and multi-day hearings impacting decision release timeframes.

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

Table 2: ACRB Caseload Overview

Return to Top

Assessment Review Board (ARB)

The 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.

As per the provincial government’s budget and Fall Economic Statements in 2020 and 2021, the ARB’s assessment cycle was extended and the general assessment for the taxation years 2021, 2022 and 2023 postponed.

The ARB issued an update on its Appeals Resolution Strategy for the assessment cycle 2017-2020, whereby it set out its strategy and expectations for resolving appeals before the next assessment cycle, including new appeals.

The ARB continued to exceed all its performance targets this year, including issuing a decision within 60 days of a hearing in 99% of cases, above the target of 85%.

Over the past year, the ARB continued to implement its digital-first plan by:

• Transitioning to Zoom’s videoconferencing platform in July 2021
• Eliminating paper hearing notices for all municipalities as of April 1, 2022, following a focused pilot that took place June to October 2021
• Updating appeal payment options and upgrading the e-filing system for applications

On April 1, 2021, the ARB updated its Rules of Practice and Procedure to reflect its digital-first approach. A new rule was introduced (rule 18) to permit the ARB to direct a party to provide an email address to allow for efficient and timely communication and resolution of appeals.

The ARB continued its efforts to expedite 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, 2022, there were 60 legacy appeals outstanding.

The ARB increased its complement of adjudicators over the past year and completed the onboarding and training for these adjudicators. As the adjudicators are not currently assigned to hear ARB appeals, they have been cross-appointed to assist with other tribunals for a period of time.

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: ARB Caseload

Return to Top

Child and Family Services Review Board (CFSRB)

The 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 fully electronic and aligned with Tribunals Ontario’s digital-first approach for proceedings.

While the overall number of applications received in 2021-2022 was lower than in the previous fiscal year, the CFSRB received more expulsion appeals in the last three months of this fiscal year than in the first nine months of the fiscal year.

Although the CFSRB fell just short of meeting its scheduling targets, overall, it continued to improve its performance across all measures and categories over the past year. The tribunal closed roughly the same number of appeals last year as were filed with it.

In order to improve its ability to meet its service standards and to streamline processes, the CFSRB introduced a new Practice Direction on Communicating with CFSRB. The practice direction allows CFSRB to use email or fax to send documents to parties, updated application forms to include consent to communicate by email and clarifies that parties with legal representation must communicate with CFSRB through their representative.

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

Return to Top

Criminal Injuries Compensation Board (CICB)

The CICB assessed and awarded financial compensation to victims of violent crime committed in Ontario and to the family members of deceased victims. The CICB compensated victims for pain and suffering, loss of income, treatment expenses, funeral expenses and other costs that resulted from being a victim of crime.

The CICB’s jurisdiction and authority were 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. On September 24, 2021, it was announced that the CICB would be dissolved on December 31, 2021.

The CICB adjudicated all outstanding applications prior to its dissolution.

As of January 1, 2022, the administration of continuing payments moved to the Victims and Vulnerable Persons Division of the Ministry of the Attorney General.

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.

Return to Top

Custody Review Board (CRB)

The 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 continued to meet its performance measures 100 per cent of the time, which is a notable achievement. In all cases, an adjudicator contacted the youth within 24 hours of receiving an application and recommendations issued within 30 calendar days.

To help ensure that youth were informed of their rights, the CRB distributed updated posters to youth justice facilities. The poster informed youth of their right to contact the CRB to request a review of:

• a placement
• a transfer from open custody to secure custody
• a denial of a temporary release
• a denial of reintegration leave

Initially, the COVID-19 pandemic resulted in a significant reduction in CRB applications, due to fewer youth being detained in youth justice facilities and transfers between youth justice facilities. However, in this fiscal year, CRB had an increase in the volume of applications as the movement of youth into and between youth justice facilities increased.

Statistics

Table 1: CRB Applications

Table 2: CRB Performance Measures

Return to Top

Fire Safety Commission (FSC)

The 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

In 2021-2022, the FSC continued to schedule digital hearings to align with Tribunals Ontario’s digital-first approach to providing dispute resolution services. The FSC continued to facilitate early resolutions to efficiently resolve cases and close more case files than it received. Overall, the tribunal continued to exceed its key performance targets and in fact improved across all categories when compared against the previous fiscal year.

A lower number of case conferences were required per appeal as a result of FSC focusing on the management of case conferences during the fiscal year.

The realignment and building out of FSC management governance and administrative support resulted in greater operational efficiencies in case file management and appeal resolution.

In 2021-2022, there was an increase in the number of adjudicators appointed and cross-appointed at the FSC. Between June and August 2021, all adjudicators received training on how to use Zoom. During this fiscal year, some adjudicators took part in the adjudicative training hosted by SOAR.

Statistics

Table 1: FSC Performance Measures

Table 2: FSC Caseload Overview

Return to Top

Human Rights Tribunal of Ontario (HRTO)

The HRTO is an independent, quasi-judicial tribunal that resolves applications alleging discrimination and harassment brought under the Human Rights Code. The HRTO receives and reviews all applications that are filed at the tribunal, ensuring they are complete and fall within the jurisdiction of the HRTO. It resolves applications through fair, effective, transparent, timely and accessible dispute resolution services. Parties may attempt settlement through mediation facilitated by an adjudicator. If the parties do not agree to mediation or if mediation does not resolve the application, the application may proceed to a hearing. An adjudicator will actively case manage applications to facilitate a fair, just, efficient and expeditious resolution of the merits of the matters before it.

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

Operational Highlights

The HRTO has continued its operations throughout the COVID-19 pandemic. The HRTO applied data-informed decision-making to effectively evaluate longstanding practices, processes and policies to determine whether current operations were meeting operational and adjudicative goals.

As part of this approach, the HRTO developed a plan for reviewing backlogged applications. The HRTO used data to closely monitor implementation, adjusting the plan as necessary while also looking to create efficiencies related to application intake and processing, scheduling proceedings and issuing timely decisions.

The HRTO continued to seek the views of stakeholders as part of its efforts to improve services and to facilitate timelier and more efficient dispute resolution. In addition to informally engaging with stakeholders throughout the fiscal year, the HRTO invited stakeholder feedback on its forms, guides, rules and processes in April 2021.

In July 2021, the HRTO introduced video mediations and transitioned to Zoom as the default format for all proceedings. In line with Tribunals Ontario’s Updated Practice Direction on Hearing Formats, the HRTO continued to consider requests for in-person hearings for accommodation or procedural fairness reasons.

Access to justice and the ease of using HRTO services continued to be a priority at HRTO. In November 2021, the HRTO streamlined the process to track and respond to requests for accommodation, resulting in a shorter average response time of 12 calendar days. The HRTO proactively offered the use of access terminals at hearing centres so that parties without reliable phone or internet access could participate in proceedings and receive technical support.

The HRTO recruited 29 adjudicators and aims to reach its full complement early in the next fiscal year. In November 2021, the HRTO instituted a comprehensive training program for new adjudicators, covering human rights and administrative law, mediation and hearing management, decision writing, as well as the broader social context in which the HRTO operates. The training program included observational opportunities as well as a peer mentorship program.

To ensure that adjudicators and staff deliver inclusive and responsive services to all those who may submit claims of discrimination and harassment brought under the Human Rights Code, the HRTO prioritizes diversity and inclusion training. During the fiscal year, all HRTO full-time adjudicators completed or were enrolled in Bimickaway Indigenous training, and all HRTO staff completed the mandatory San’yas Indigenous Cultural Safety Training Program. In July 2021, Tribunals Ontario offered Positive Space training for all Tribunals Ontario staff and adjudicators, hosted by the Ontario Public Service Pride Network.

Statistics

Table 1: HRTO Applications

Note:

*Due to the transition to remote work environments, digital-first delivery of services and adjudicator resource challenges, HRTO was unable to meet its service standards. HRTO is actively engaged in recruitment efforts and identifying operational efficiencies to address these issues in the next fiscal year.

Table 2: Types of HRTO Decisions

Note:

*The HRTO began to report on this data point in the 2021-22 fiscal year.

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

Note:

*Some applications allege discrimination on more than one ground, so the total may exceed 100%.

Table 5: HRTO Performance Measures

Note:

*The HRTO has been engaged in COVID recovery efforts, including rescheduling the many events that were cancelled at the start of the pandemic. Rescheduled events moved scheduling timelines beyond targets for 2021/22. Timelines are expected to improve significantly once the HRTO has completed its full recovery from the pandemic.

Return to Top

Landlord and Tenant Board (LTB)

The 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. Most amendments took effect in 2020 and the remainder on September 1, 2021. A new application type allows landlords to apply to the LTB to claim compensation for unpaid rent, unpaid utilities, or damages to the rental unit for up to one year after the tenant has moved out. This and other amendments 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 2021-2022 to continue to address backlogs and ensure timely and responsive service.

A key component to support these initiatives was the hiring of additional LTB staff to assist with application processing, scheduling and issuing of Notices of Hearings and orders.

The LTB continued its focus on building up its adjudicator complement with the onboarding of 16 additional adjudicators to assist with hearing backlogs. As of March 31, 2022, there were 39 full-time adjudicators and 51 part-time adjudicators making it the highest number of adjudicators ever appointed to the LTB.

In May 2021, the LTB implemented a scheduling plan that prioritized mediation services, which allowed for more matters to be scheduled and heard. It included same day access to mediation services with a Dispute Resolution Officer (DRO) before moving forward to a hearing with an adjudicator. The plan also included conducting multiple tenant case management hearings in one hearing block with several DROs and resuming a two DRO team approach to Above Guideline Increase case management hearings.

Although COVID-19 related challenges have had a significant impact on LTB’s caseload, and in particular the five-month moratorium on evictions from March to August 2020, progress is being made. In 2021-2022, the LTB achieved a steady state of operations receiving 61,586 applications and resolving 61,868 files.

The LTB is committed to ongoing engagement with stakeholders to solicit feedback and input and has continued to meet regularly with stakeholders on changes to rules and processes, in accordance with the Tribunals Ontario Consultation Policy.

Statistics

Table 1: LTB Applications

Notes:

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

** In 2021-2022, the majority of applications were resolved at hearing (ordered by hearing contested or uncontested, or ordered by review) – 48%, through mediation (mediated or ordered by hearing mediated) – 11% and through withdrawals – 20%.

*** In a small number of cases, “resolved” applications are re-opened (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

Notes:

*The 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.

**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.

Table 7: Requests for Reviews

Return to Top

Licence Appeal Tribunal (LAT)

The 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:

• Accessibility for Ontarians with Disabilities Act, 2005
• Alcohol and Gaming Commission of Ontario Act, 2019
• Auto Insurance Rate Stabilization Act
• Bailiffs Act
• Building Code Act, O. Reg. 332/12 Division C, Part 3
• Cannabis Licence Act, 2018
• Child Care and Early Years Act, 2014
• Child, Youth and Family Services Act, 2017
• Collection and Debt Settlement Services Act
• Compulsory Automobile Insurance Act
• Condominium Act, 1998
• Condominium Management Services Act, 2015
• Consumer Protection Act, 2002
• Consumer Reporting Act
• Discriminatory Business Practices Act, 1990
• Funeral, Burial and Cremation Services Act, 2022
• Gaming Control Act, 1992
• Highway Traffic Act
• Horse Racing Licence Act, 2015
• Intercountry Adoption Act
• Licence Appeal Tribunal Act, 1999
• Liquor Licence and Control Act, 2019
• Motor Vehicle Accident Claims Act
• Motor Vehicle Dealers Act, 2002
• New Home Construction Licensing Act, 2017 (NHCLA)
• Ontario New Home Warranties Plan Act
• Payday Loans Act, 2008
• Post-secondary Education Choice and Excellence Act, 2000 O. Reg. 279/02
• Private Career Colleges Act, 2005
• Private Security and Investigative Services Act, 2005
• Real Estate and Business Brokers Act, 2002
• Retirement Homes Act, 2010
• Statutory Powers Procedure Act
• Ticket Sales Act, 2017
• Travel Industry Act, 2002
• Vintners Quality Alliance Act, 1999

Operational Highlights

LAT continued to focus on digital-first initiatives that provided users with more convenient access to virtual hearings that remained in line with Tribunals Ontario’s digital approach to providing dispute resolution services.

On January 31, 2022, LAT-GS launched a new online payment portal for users to pay for an appeal or application. The portal is a quick, convenient and secure way to pay filing fees online.

On March 21, 2022, LAT-AABS launched a canvassing-based scheduling model for all oral adjudicative events in response to stakeholder feedback and to create operational efficiencies. The expanded canvassing-based scheduling model gave parties the opportunity to select case conference and oral hearing dates that worked best for them. This also allowed all parties to participate in a process that is fair, transparent, convenient and timely.

During the fiscal year, LAT-AABS continued to receive over 80 per cent of its applications through its online application system.

The LAT provides its adjudicators with extensive training during onboarding, which includes both in-class and hands on learning opportunities. All adjudicators took part in five Zoom training sessions between June and August 2021.

Statistics

Table 1: LAT-GS Performance Measures

Table 2: LAT-GS Caseload Overview

Table 3: LAT-AABS Performance Measures

Table 4: LAT-AABS Caseload Overview

Return to Top

Ontario Civilian Police Commission (OCPC)

The OCPC adjudicates applications, conducts investigations and resolves disputes regarding the oversight and provision of policing services. This includes hearing appeals of police disciplinary decisions and 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. The OCPC’s jurisdiction and authority are derived from the Police Services Act.

Operational Highlights

In March 2019, the Ontario Legislature passed the Comprehensive Ontario Police Services Act (COPSA), 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. Cross-ministerial working groups were formed to facilitate the exchange of transitional material and information to support the new framework under the COPSA. At the same time, the OCPC continued to process cases, hear appeals, and conduct investigations.

Statistics

Table 1: OCPC Performance Measures

Note:

*The OCPC was unable to meet its performance measures target but saw an improvement in its ability to conduct a hearing within three months of a case conference and in its efficiency in releasing decisions and resolving appeals.

Table 2: OCPC Caseload Overview

Return to Top

Ontario Parole Board (OPB)

The 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

The OPB continues to conduct hearings in written and electronic formats, including teleconference as per amendments to section 44(3) of Ontario Regulation 778.

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, Metis and Inuit people) where possible. A comprehensive guide on conducting teleconferences is used to train new OPB adjudicators to ensure participation and maintain confidentiality of 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 appropriate hearings. The OPB continues to seek solutions to support videoconference services for Circle Hearings by expanding Zoom hearings across all provincial correctional institutions.

Between April 1, 2021 and March 31, 2022, 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.

The OPB continued to exceed its key performance targets, improving its performance from the previous fiscal year. For instance, 98% of hearings were convened and decisions issued to applicants by their parole eligibility date, against a target of 80%.

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:

*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.

**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.

***Applications Received: decision on whether to grant or deny parole; whether to suspend and/or revoke; decision on condition changes; requests for review of decision.

Table 3: OPB Hearings Overview

Note:

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

Return to Top

Ontario Special Education Tribunals — English and French (OSETs)

The 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

OSETs did not receive appeals in this fiscal year.

Statistics

Table 1: OSETs Performance Measures

Note:

*No appeals were received.

Return to Top

Social Benefits Tribunal (SBT)

The SBT considers appeals by appellants 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 and the Statutory Powers Procedure Act.

Operational Highlights

SBT continued to implement Tribunals Ontario’s digital-first approach to dispute resolution while ensuring that it remained flexible in how it delivers services.

SBT made improvements to manage its hearing backlog more effectively by modifying the way appeals were scheduled, with a focus on hearing matters sooner. These new scheduling practices, made in June 2021 for self-represented appellants and October 2021 for represented appellants, built upon a number of other improvements and changes, including:

• Scheduling Early Resolution Opportunity (ERO) sessions
• Recruiting more adjudicators to allow the scheduling of more matters
• Expanding access to videoconference platforms, including implementing Zoom, to conduct proceedings where possible

This modified scheduling plan ensured parties were provided with more timely outcomes to their matters, while also providing fair and effective dispute resolution services.

On September 1, 2021, SBT amended its Appeal Form to include an appellant’s email. For appellants who provided an email address, or who were represented, SBT scheduled their hearings by videoconference, thereby increasing the number of Zoom video hearings. If an appellant did not have access to video technology, a telephone hearing was scheduled.

On October 1, 2021, SBT successfully transitioned from using Microsoft Teams to the Zoom platform for its video hearings. Staff and adjudicators were provided with the technology, training and support needed to successfully transition to Zoom.

SBT continued to improve the process of accepting electronic submissions from legal clinics and respondent offices. The Disability Adjudication Unit, Ontario Disability Support Program offices and the Ontario Works (OW) offices in Toronto provided submissions electronically. SBT also received electronic submissions from several other municipal OW offices.

SBT continued to improve the ERO program, with Early Resolution Sessions scheduled within 30 - 45 days from the date the SBT received an appeal. In 2021-2022, the tribunal held 1,991 ERO sessions.

SBT continued to hold stakeholder meetings and renewed its commitment to engage with stakeholders at least twice annually. Over the fiscal year, SBT met with the Disability Adjudication Unit monthly and Ontario Disability Support Program financial managers quarterly. The purpose of these meetings was to discuss and share information regarding SBT processes, adjudicator recruitment, backlog management and scheduling practices.

SBT has conducted several competitions to recruit for adjudicators and has recruited 33 new adjudicators this fiscal year. As of March 30, 2022, SBT had 23 full-time adjudicators (including the Associate Chair and Vice Chairs) and 26 part-time adjudicators. SBT provides extensive training for new adjudicators including substantive law training, observation, “sitting side” and presiding. This training takes approximately eight weeks to complete. Ongoing training for adjudicators includes monthly professional development and twice monthly lunch and learns sessions.

Since May 1, 2021, the SBT has been closing more files than it opens each month, which has resulted in a steady decrease to the number of outstanding appeals and a reduction in the hearing backlog.

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

Return to Top

Financial Summary

The 2021-2022 financial summary includes the consolidated expenditures for Tribunals Ontario. The financial summary includes expenditures for CICB up to dissolution of the Board on December 31, 2021. This financial summary also includes the expenditures for the LAT-AABS, which is 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.

to maintain heading structure

to maintain heading structure

Table 1A: Comparison of Tribunals Ontario Expenditures

Note:

*Salary and Wages and Employee Benefits includes expenditures for full-time Order in Council (OIC) remuneration.

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

The financial summary includes awards allocated up to dissolution of the Board on December 31, 2021.

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 Freedom of Information requests and sale items such as photocopies, certified copies of orders and recording of hearings.

**The cost of LAT-AABS is fully recoverable 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

Notes:

*Expenditures for Full-Time OIC Remuneration is included in the Salary and Wages line item in Table 1A above.

Return to Top

Appendix

Appointees