Tribunals Ontario
2022-23 Annual Report

(Disponible en français)

Mailing Address:
15 Grosvenor Street, Ground Floor
Toronto ON M7A 2G6

ISBN 978-1-4868-6932-9
© King's Printer for Ontario, 2023

June 30, 2023

Dear Attorney General Doug Downey:

Re: Tribunals Ontario 2022-23 Annual Report

On behalf of Tribunals Ontario, it is our pleasure to submit to you our 2022-2023 Annual Report.

This report reflects the activities of Tribunals Ontario for the fiscal year ending March 31, 2023.

Tribunals Ontario remains focused on enhancing our digital-first model and providing user-friendly services so that we are delivering a strong, accessible, and modern administrative justice system for those who come before us.

We have implemented action plans that provide us with a clear path to reducing the accumulation of applications at some of our tribunals and launched new initiatives to ensure equitable access to justice.

The attached report presents a snapshot of our ongoing modernization strategies, 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

Tribunals Ontario has been on a tremendous journey of modernization this past fiscal year while we continued our efforts to ensure that our tribunals are even more user-friendly.

Almost all of our 13 tribunals are meeting or exceeding their service standards. On average, tribunals are meeting their hearing event date scheduling targets 84% of the time or in some cases even better. Of the four tribunals with case backlogs, the Licence Appeal Tribunal and Social Benefits Tribunal will eliminate those backlogs in the coming fiscal year. The other two tribunals, the Landlord and Tenant Board (LTB) and Human Rights Tribunal of Ontario, are expected to make inroads in their backlogs this fiscal year, in particular, as a result of the significant new investments in the LTB.

We set, and met, many of our targets and priorities as we remain determined to deliver a strong, accessible, and modern administrative justice system while improving operations and service standards. We are making great headway.

With a major shift in how we deliver public services, from a paper-based system to a fully digital organization, we can now truly recognize the positive impact of digital modernization, as all of our tribunals are now successfully operating online.

Completing the implementation of the Tribunals Ontario Portal for the LTB in March 2023 was a key factor in our digital-first strategy, and it was a significant milestone in our ongoing transformation journey. Throughout the past fiscal year, we made numerous updates and introduced new features to enhance the functionality of the system.

In 2020, when I started with Tribunals Ontario, I made it one of my top priorities to achieve a full complement of adjudicators. I am happy to say we have done so. With government investments, and the appointment and reappointment of adjudicators, Tribunals Ontario now has more adjudicators at our 13 tribunals than ever before.

Tribunals Ontario will continue to work diligently with the government to address the ongoing need for adjudicators and staff over the next fiscal year.

A significant event occurred after the period covered by this Annual Report that deserves mention. In May 2023, the Ontario Ombudsman's Office released its investigative report about service delays and challenges at LTB. We appreciate the work of the Ombudsman's Office in conducting a comprehensive review of the LTB and recommending areas for improvement. Work is ongoing at Tribunals Ontario to address many of the issues identified in the report.

In everything we do, we are guided by our duty to enhance access to justice while continuing to be innovative and responsive to the needs of our users. A key part of our digital-first strategy is continuing to develop supportive resources for users, so they feel confident in participating in virtual proceedings.

Admittedly, change can bring about new challenges, but it can also pave the way for progress and modern solutions. We are on the right path to achieve our vision and optimize dispute resolution through modern, new ways of service delivery.

Sincerely,

Sean Weir
Executive Chair

Return to Top

Executive Director's Message

Over the past fiscal year, Tribunals Ontario remained unrelenting in its determination to modernize and provide convenient and accessible services to our users. From helping Ontarians to more easily access our digital services, to improving service timelines and streamlining and simplifying operational processes, access to justice was at the heart of all we accomplished.

As a unified organization, we continue to focus on our three strategic pillars – digital-first modernization, user-experience, and a people-first plan. These pillars have been and will continue to be our guide as we make further improvements to modernize our core services.

In a digital world, users expect online services that they can access from their home or office and the convenience of using videoconferencing technology that has become a part of our daily lives. We know that, while digital services improve access to justice for most, for a small number it can be challenging. We remain absolutely committed to supporting those users who do not have access to technology and who need some level of support to fully access and participate in the dispute resolution process.

This past year, Tribunals Ontario expanded the availability of our access terminals from the original five hearing locations (Toronto, Ottawa, London, Hamilton, and Sudbury) to almost anywhere in the province with our new mobile terminal service. Parties who have an approved accommodation request because they do not have access to a telephone, computer, and/or the internet can now participate in their virtual proceeding from a number of locations in the province. The tribunal will determine a suitable venue which will be equipped with a laptop and internet connection to ensure the party can effectively participate in the proceeding.

In addition, we continue to develop support resources to help ensure users have the digital skills and literacy to be full and active participants in their video hearings. Over the past year, Tribunals Ontario launched a series of short, user-friendly video guides on how to use Zoom to participate in a tribunal proceeding. We also developed a new quick-tip guide and additional online resources to support clients experiencing technical issues during their proceeding. At the Landlord and Tenant Board, we launched a dedicated technical support service to help hearing participants troubleshoot any technical issues they may face during their hearing.

We have developed and implemented these new initiatives against the backdrop of a lingering pandemic, and a large-scale transformational project – Tribunals Ontario Portal. This is a testament to the hard work and perseverance of our staff and adjudicators. I continue to be impressed by the resilience of our people and their ongoing focus and determination to make us better.

While there is more we can do, Tribunals Ontario has a strong vision, and our achievements over the past year confirm that our path forward is clear. The goal is and remains access to justice for all Ontarians now and in the years to come.

Harry Gousopoulos
Executive Director

Return to Top

About Tribunals Ontario

In 2022-23, Tribunals Ontario was responsible for 13 boards and tribunals that fall under the Ministry of the Attorney General (MAG):

• Animal Care Review Board (ACRB)
• Assessment Review Board (ARB)
• Child and Family Services Review Board (CFSRB)
• 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 full-time staff and Order-in-Council (OIC) total of 645 as outlined below.

Tribunals Ontario Staff

Notes:

*For reporting purposes, the Executive Office includes staff supporting communications, access to justice and modernization, ministry liaison, access to records, and training and public appointments.

**See Appendix A for a full list of OICs.

Tribunals Ontario Appointees

Over the course of 2022-2023, 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.

Candidates undergo a conflict of interest and criminal background check followed by a hearing by members of the Standing Committee on Government Agencies. The appointment process may take approximately six months or longer.

Appointments are made by the Lieutenant Governor in Council and only those candidates who have been recommended by the Executive Chair may be appointed as an adjudicator to a Tribunals Ontario constituent tribunal. Once approved, the Lieutenant Governor signs an Order-in-Council appointing an individual as an adjudicator to a Tribunals Ontario constituent tribunal. From the time an adjudicator is appointed, it takes on average about six months for the adjudicator to complete their training before they are able to take on a full schedule of hearings and other adjudicative matters.

Between April 1, 2022, to March 31, 2023, Tribunals Ontario received 3,598 adjudicator applications, conducted 431 interviews, and worked with the government to appoint or reappoint 165 adjudicators. On March 31, 2023, Tribunals Ontario had 133 full-time and 188 part-time adjudicators. Tribunals Ontario will continue to work with the Ontario government to achieve and maintain a full complement of adjudicators.

Tribunals Ontario has cross-appointed some members to two or more of its constituent tribunals. This cross-appointment strategy offers greater flexibility to respond to changing caseload demands and helps us ensure hearings requiring French language services can be scheduled as quickly as matters in English.

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 Modernization

In recent years, many Ontarians have become more comfortable with and dependant on digital options and videoconferencing technology to access the services they need from the comfort and convenience of their home or workplace.

Tribunals Ontario has built on its digital-first strategy by expanding the availability of digital services to meet the diverse needs of Ontarians. Two of the key components of our digital-first strategy include investment in a new digital case management system at the LTB and conducting virtual hearings as a default hearing format.

Digital-first does not mean digital only. Tribunals Ontario will continue to provide alternatives for users who do not have access to technology or who need other supports to participate fully in tribunal processes.

Tribunals Ontario Portal Update

In December 2021, Tribunals Ontario launched the Tribunals Ontario Portal, our new case management system, for the LTB. The portal streamlines the dispute resolution process and allows users to take a more active role in their case as it progresses. Key features include filing applications online, uploading documents, and using the online dispute resolution feature to interact with other parties to resolve the application.

The implementation of the Tribunals Ontario Portal was phased in, and throughout the 2022-2023 fiscal year, enhancements were made to expand and improve functionality and to increase the number of application types that can be filed online.

In addition to the four applications initially available when the portal launched, four more LTB application types were added on December 8, 2022, and a self-scheduling feature was deployed to allow applicants to select their preferred hearing date and timeslot for certain application types.

Four more LTB applications were added on February 10, 2023. A total of 12 of LTB's most received application forms are now available online making implementation of the main features of the portal at the LTB complete.

Ongoing updates and enhancements will continue to be made to the features, functionality and processes based on feedback received from LTB users and stakeholders.

During the 2022-2023 fiscal year, the LTB received a total of 65,269 applications through the portal, of which 59,070 applications were submitted online (over 90% of the total). Landlords filed 54,343 applications, while tenants filed 4,724 applications through the portal.

The LTB continues to accept applications and document filings by mail and courier, and at over 60 ServiceOntario offices.

While ServiceOntario is an option for users who cannot, or prefer not, to access the online system, only 2 per cent submit applications by this method.

It is clear that users prefer and are becoming more comfortable with online options to file their applications.

Navigate Tribunals Ontario, an online self-help tool designed to provide plain-language information customized to the user's specific scenario, was also launched in 2021 and continues to help LTB users choose the right application (for their particular circumstances) and understand the step-by-step processes involved in filing an application. Over the 2022-2023 fiscal year, 49,744 user sessions were undertaken by landlords, tenants, co-ops, and co-op members using Navigate Tribunals Ontario.

The Tribunals Ontario Portal and Navigate Tribunals Ontario are two user-focused digital tools that help provide timely, efficient, and accessible information and dispute resolution services to the people of Ontario.

Access to Justice

While Tribunals Ontario's digital-first modernization improves access to justice for most users, for a small number it can create additional barriers and challenges. Some users do not have access to a computer, the internet, or a phone to participate fully in the tribunal process, while others have these tools available to them but do not have the digital literacy or comfort to use them.

Tribunals Ontario is improving digital literacy and expanding access to justice to ensure that everyone, regardless of their circumstances, can participate fully in their virtual proceedings. Tribunals Ontario is doing this in the following ways:

Access Terminals and Mobile Access Terminals

Tribunals Ontario's access terminals continue to be one of the key ways in which tribunals are enabling parties who have technology-related challenges to participate in their virtual proceeding.

These terminals are equipped with a computer, internet, and a telephone, and are available at hearing locations in Hamilton, London, Ottawa, Toronto, and, as of fall 2022, Sudbury. Tribunals Ontario staff provide support at the hearing centres to assist with basic technology issues or questions. In response to accommodation requests, 145 access terminals were booked during the fiscal year for parties with technology-related challenges.

In addition to the 5 stationary hearing sites, in February 2023, Tribunals Ontario introduced a new mobile access terminal service to accommodate parties living almost anywhere in the province. Based on approved accommodation requests, Tribunals Ontario will identify a suitable alternate venue and coordinate the required equipment, including a laptop and internet connection, and technical support to ensure the party can effectively participate in the proceeding.

Tribunals Ontario Phone Program

Tribunals Ontario has implemented and expanded its free phone program to help users who do not have access to a telephone so they may attend their tribunal proceeding. Certain types of proceedings are commonly held by telephone, like case conferences, and at a few tribunals, in particular the SBT, some applicants prefer to access their hearing by phone.

Based on approved accommodation requests, the tribunal will loan a basic cell phone or provide top-up vouchers to users with a prepaid or pay-as-you-go plan with limited airtime talk minutes to enable them to take part in their hearing by telephone.

This program was initially piloted at the LTB and assessed for expansion opportunities. During the fiscal year, 10 parties were provided with this accommodation option to participate in their proceeding. After a successful pilot, Tribunals Ontario made this program available for parties appearing before any tribunal.

Accommodation Requests – In-Person Hearings Resumed

Although Tribunals Ontario has implemented a digital-first strategy with virtual proceedings being the default hearing format, a tribunal may consider a different format, including an in-person hearing, as an accommodation for an Ontario Human Rights Code-related need, such as a disability, and/or because the current hearing format would result in an unfair hearing.

The Tribunals Ontario's Practice Direction on Hearing Formats outlines our approach to determining the format of the hearing that will be held and how a party can request a different hearing format to ensure that everyone, regardless of their abilities, can participate fully in the tribunal process.

During the fiscal year, Tribunals Ontario granted 46 requests for an in-person hearing. Many parties were also accommodated through alternate formats, including access terminals or the phone program.

To further support users, Tribunals Ontario revamped its website to provide clear information about the accommodation process, including how to make a request and the various ways in which tribunals can support parties. Tribunals Ontario also launched a new, separate webpage that provides specific information about how to request a change to a hearing format.

Over the next fiscal year, the Accommodation Request form will be updated to ensure information is in plain language and the form is user-friendly. Tribunals Ontario will also be reviewing the accommodation information provided to parties at each tribunal to ensure users are receiving the information they need about the different ways that accommodations may be provided at Tribunals Ontario.

Digital Literacy Supports

To support access to justice and enhance the technical skills some users may need to participate in a virtual proceeding, Tribunals Ontario developed new resources to support digital literacy. This included launching a series of short, user-friendly video guides that provide technical instructions for using Zoom to participate in a tribunal proceeding.

Three video guides were launched as part of this series during the fiscal year, including 'How to Join a Virtual Proceeding', 'Basic Zoom Controls in a Virtual Proceeding', and 'Additional Zoom Controls in a Virtual Proceeding'. A new guide with tips about connecting to a Zoom proceeding was also developed to help minimize technical issues and support users experiencing technical challenges before or during their virtual proceeding.

The LTB has developed a new dedicated technical support service to help hearing participants troubleshoot any technical issues they may face while joining their hearing on Zoom. Once implemented, participants who have technical issues on the day of their hearing will be able to email or call the dedicated line.

In addition to developing new digital literacy website resources, Tribunals Ontario also consolidated all virtual proceeding and digital literacy resources onto a single webpage. The webpage provides a one-stop shop with user-friendly information and resources for users about how to prepare for a Zoom proceeding, including an outline of the key steps parties should follow both before their proceeding and the day of their proceeding, to support an optimal virtual experience.

Tribunals Ontario will continue to identify and develop additional supportive and education resources to improve users' technical abilities and ensure they have the tools they need to participate fully in virtual proceedings.

Return to Top

User Experience

Tribunals Ontario believes that every person who engages with the justice system should have the opportunity to be heard, and to participate in a process that is safe, fair, transparent, and timely. While this engagement with the justice system may not result in a specific desired outcome, users should feel that they were served respectfully, that they understood the process, and that the experience was user-friendly. Tribunals Ontario will continue to examine the services and information on our website with an emphasis on user design.

Strategies to Improve User Experience

A top priority for Tribunals Ontario is to ensure we have a clear strategy and measures in place to address the accumulation of applications at certain tribunals and in 2023, we began to make significant improvements and inroads.

Tribunals Ontario defines an accumulation of files as the number of applications that are older than the case lifecycle standard determined by each tribunal. A case lifecycle is the time it takes a case to go from application / appeal receipt date to the date the case is fully closed. It would be inaccurate to consider the entirety of a tribunal caseload as a backlog as these cases will encompass both newly filed applications (which are well within service standards) and older files. There are also many inactive cases that may be in abeyance for a variety of reasons that may impact the overall caseload with the tribunal.

See the Tribunal Highlights section for a summary of the actions we have taken so far to address backlogs at those particular tribunals.

In the case of the LAT and SBT, we expect that by fiscal 2024-2025 they will no longer have a backlog. It may take a little longer at the LTB and HRTO, but progress is being made.

In addition, as part of our user-experience strategy we:

• Implemented new Key Performance Indicators (KPIs) and service standards that measure efficiency and effectiveness across all tribunals. Evaluation of these KPIs will inform decision-making regarding deployment of resources going forward. Also, by establishing clear timelines and expectations, users can know how long they should expect it will take to move through each tribunal's processes
• Continued the evaluation of procedures and rules to determine how revisions could assist in streamlining and finding efficiencies, including engagement with the Ontario government's Lean & Continuous Improvement Office
• Ensured dispute resolution processes were easy to understand and follow
• Improved the means by which parties may effectively participate in their hearing through accommodation-based and procedural-fairness requests for all tribunals, including events being conducted in-person

To be clear, Tribunals Ontario's 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, including by:

• Working with partners at ServiceOntario to expand our LTB services so that more users can file LTB applications and documents in person (if that is their preference)
• Continuing to develop online, interactive resources that provide the public with the tools and information they need to resolve their disputes without the formal engagement of a tribunal
• Consulting with stakeholders and the public regularly to ensure that our services meet their needs

User Research

Tribunals Ontario is always looking for new ways to improve our appeal and application processes to better meet the needs of our users.

In 2022-2023, we partnered with the Ontario Digital Service Research Lab (ODSRL) to conduct independent research sessions with tribunal users to gather feedback on how we could make improvements in several areas.

Fire Safety Commission

Our first workshops were in relation to the FSC and its appeal process. The ODSRL connected with those who had previously gone through the appeal process, including applicants, respondents, fire officials, and legal representatives, to gain a deeper understanding of how those users experience the FSC's appeal process.

The ODSRL team analysed and summarized the feedback gathered into four themes with actionable insights for future consideration. We have begun work to address these recommendations which will go a long way to support those who access FSC's services.

Animal Care Review Board

In early 2023, the ODSRL began work with the ACRB to conduct user research sessions with the aim of understanding what actionable steps could improve the user experience for those who support and engage in the appeal process before the ACRB.

Surveying Following Zoom Proceedings

At many tribunals, we have implemented a survey to obtain anonymous user feedback on the virtual hearing experience. In 2023, Tribunals Ontario will integrate the survey into Zoom so that it is automatically distributed after a proceeding concludes to obtain feedback. This new distribution process will be phased into all tribunals throughout 2023.

Once implemented, the feedback will inform future initiatives that will make participation in the virtual proceeding easier, more user-friendly, accessible, and fair.

Stakeholder Engagement

In 2022-2023, Tribunals Ontario continued its stakeholder engagement efforts. The focus was to bring consistency to stakeholder engagement across all tribunals – including consistency in the frequency and method of stakeholder outreach, stakeholder communication materials, and internal reporting of stakeholder engagement efforts.

Tribunals Ontario consults formally and informally with a variety of stakeholders on a number of topics including policies, rules, guidelines, scheduling changes, forms and applications, and process design reviews.

Consultations can occur in a number of different ways including through email inquiries/submissions, online questionnaires, and surveys, or through one-time or ongoing meetings. Some highlights include:

• Tribunals asked for feedback on the new KPIs and performance targets that were established in April 2022
• As the LTB introduced more forms and functionality on the Tribunals Ontario Portal, it engaged with stakeholders through virtual townhall meetings, memos, and operational updates to let them know about the latest developments
• The HRTO met regularly with the Ontario Human Rights Commission and the Human Rights Legal Support Centre as the "three pillars" of the human rights community. In response to feedback received from stakeholders to make forms more reader friendly, the HRTO updated its Form 1 and created a new Form 1G using plain language
• The ARB met quarterly with stakeholders through its Appeals Management Committee, which includes representatives from the Municipal Property Assessment Corporation, municipalities, law firms and tax agents
• The LAT 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 at least twice to discuss and share information regarding processes, adjudicator recruitment, backlog, and scheduling practices
• Leadership teams are consistently meeting with our legal sector partners, government organizations and broader stakeholder groups as needed

French Language Services

Tribunals Ontario is dedicated to ensuring a sufficient number of bilingual adjudicators to provide an active offer of French Language Services (FLS) to the public that is of equal quality to English language services. Our focus over the past year was on three main areas to continue to meet that goal and obligation: recruitment, training, and leveraging data insights.

Recruitment

In 2022, Tribunals Ontario conducted a comprehensive review of its bilingual adjudicator advertising, hiring, and onboarding process and identified and implemented a number of key improvements. These included:

• Expanding targeted advertising of adjudicator positions to the Francophone community to encourage applications from bilingual candidates
• Emphasizing French as an asset in the job advertisement
• Identifying bilingual adjudicators more clearly throughout the interview process and identifying individuals as FLS candidates in the Order-in-Council recommendation letter
• Establishing a new process to consistently identify and assess members' French language abilities, for example, in identifying each members' specific strengths for various FLS activities, such as written hearings, mediations, case conferences, motions, or substantive hearings
• Updating the FLS onboarding training for all new staff and members

Training

Training was another key area of focus. Tribunals Ontario adjudicators participated in various opportunities for French language training, including by attending French classes in a legal setting organized by MAG's Office of the Coordinator of the French Language Services (OCFLS). We also developed French language training sessions tailored to individual tribunals, including hands-on mock hearing/mediation practice and an emphasis on active adjudication and administrative law principles in French. The first session was held in December 2022 for the HRTO bilingual staff and adjudicators and will be offered to other tribunals in the next fiscal year.

Bilingual adjudicators are also supported with resources in the Tribunals Ontario FLS SharePoint library which was developed in 2021 as a centralized resource tool for French speaking staff and adjudicators with lexicons, sample decisions, scripts, templates, etc.

Data Insights

Performance measures and service standard data are a vital operational tool for ensuring the organization is meeting the standard of providing equal quality service in French as in English.

In 2022, Tribunals Ontario instituted new data reporting requirements to the Tribunals Ontario Executive Office on French language application and proceeding volumes to improve centralized tracking and oversight of FLS needs across the organization.

Tribunals Ontario also began a review of its data framework to improve tracking of service standard data for bilingual matters to better monitor the sufficiency of adjudicator and staff resources in resolving bilingual matters along the same timeline as English matters.

Going forward, Tribunals Ontario is reviewing options to introduce public FLS KPIs to strengthen evaluation and accountability of FLS delivery.

Tribunals Ontario Contact Centre Modernization

On August 29, 2022, Tribunals Ontario established the Tribunals Ontario Contact Centre (TOCC). TOCC is a critical part of the organization's front-line information system and oftentimes the first interaction that Ontarians have with Tribunals Ontario. Contact Centre Representatives perform a critical role of providing information to potential applicants and status updates on files/cases, and fielding all types of general inquiries and complaints, always striving to do so with empathy and compassion.

As part of Tribunals Ontario's overall commitment to improve and modernize services, the TOCC is looking to introduce more user-focused technology. TOCC's management team is currently working with the Ministry of Public and Business Service Delivery to develop a new contact centre platform that provides more client focused features, including caller wait time announcements. This will go a long way to improve user experience and public satisfaction with the tribunal system. We expect the project will be implemented before the end of 2023.

Tribunals Ontario Key Performance Indicators

Over the last year, Tribunals Ontario implemented new KPIs as part of our commitment to continuous improvement and ensuring that we are meeting the needs of our users.

Beginning April 1, 2022, Tribunals Ontario began tracking the performance of our tribunals against six new KPIs.

These KPIs were selected to help us better monitor key organizational priorities and objectives, which include:

• Ensuring that disputes are resolved efficiently, effectively, and fairly
• That we have user-friendly, navigable processes
• That our services are accessible to all users

The development of these KPIs has been and will continue to be an iterative process. In the next fiscal year, we plan to introduce other measures, such as a measure related to French language services. We will also continue to refine our KPIs in response to stakeholder feedback, including comments we received as part of our initial consultation process in 2022-2023.

See Tribunal Highlights below for a report on our KPI performance for 2022-2023.

Return to Top

People-First Plan

Aligned with the OPS People Plan, Tribunals Ontario continues to invest and create an environment where staff and adjudicators feel respected and welcomed for the unique contributions they bring to the table. Ensuring each person receives fair treatment and equitable access to opportunities across all levels of the organization is a priority for Tribunals Ontario.

Diversity, Inclusion and Accessibility

Tribunals Ontario is taking deliberate action to help foster and sustain a safe and respectful workplace – one that is inclusive, diverse, equitable, anti-racist, accessible, and free from harassment and discrimination. Tribunals Ontario is working to identify, prevent, and remove barriers to ensure the organization achieves the best outcomes for staff, adjudicators, and the people who access our services.

Tribunals Ontario's Diversity and Inclusion Committee (D&I Committee) was created in May 2021 and has worked to develop initiatives to address Tribunals Ontario's commitments. In June 2021, Tribunals Ontario developed an Anti-Racism Action plan which outlined efforts towards building anti-racism competency and capacity within the organization. The plan was updated in May 2022 to ensure continued commitment to and achievement of Tribunals Ontario's goals. In 2023, the D&I Committee will leverage feedback gained from grassroots engagement sessions with staff and adjudicators to build a renewed diversity and inclusion strategy for the organization.

Build Anti-Racism Competency and Capacity

Tribunals Ontario believes that the foundation for building a more diverse, equitable and inclusive workplace requires a commitment to continuous learning and promoting awareness and knowledge of anti-racist leadership competencies. The organization has committed to strengthening these competencies through educational opportunities such as:

• Indigenous Cultural Competency training to increase knowledge, enhance self-awareness and strengthen the skills of those who work directly and indirectly with Indigenous people. This training is an important part of the OPS commitment to reconciliation
• Anti-Racism Competency and Capacity Digital Learning Program. This mandatory training provides the foundations of anti-racism knowledge, skills, and tools to foster open dialogue and collectively advance racial equity. This training is an important part of the OPS commitment to building a respectful workplace that is inclusive, diverse, equitable, anti-racist, accessible, and free from harassment and discrimination
• Ontario Human Rights Commission's "Call it Out" training which offers a foundation for learning about race, racial discrimination, and human rights protections under Ontario's Human Rights Code
• Commemoration of days of significance, as opportunities to educate through lived experiences

Foster an Anti-Racist and Inclusive Workplace

Tribunals Ontario undertook internal employee and adjudicator engagement sessions in summer 2022 to better understand the experiences and barriers faced within Tribunals Ontario and sought input on steps we could take to move forward. The results of these conversations are critical to informing our go forward Diversity and Inclusion strategy – which we intend to continue to evolve and grow – and ensure that our actions are responsive and effective in identifying and addressing systemic barriers.

Tribunals Ontario is also committed to creating safe spaces within the organization for individuals to go to for support if they are experiencing issues. As a first step, Tribunals Ontario worked with the OPS Pride Network to provide training and now have over 120 full-fledged Positive Space Champions within the organization. These sessions aim to increase awareness of the sexual and gender diversity that exists in the OPS community and help make workspaces an 2SLGBTQ+ inclusive, welcoming, and supportive environment.

Diversify the Talent Pipeline

Tribunals Ontario continues to build a diverse, equitable and inclusive workforce that embeds barrier-free hiring policies, processes, and services within the organization. As part of this commitment, Tribunals Ontario established an internal employee engagement committee that supports the well-being of the workforce and aims to remove potential systematic barriers to career progression.

Tribunals Ontario also ensures that the recruitment process and interviews are conducted using consistent, structured, and objective criteria and processes. Adoption of the OPS inclusion lens and the use of diversity and inclusion volunteer panel members helps to reduce potential bias that may be inherent during various stages of recruitment.

In October 2022, Tribunals Ontario began developing a succession planning framework to identify and develop future leaders in the organization and prepare high-potential employees for career advancement. As part of this initiative, attention was also given to identifying potential successors from underrepresented groups.

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. Job shadowing and ongoing mentoring are also important components of the training program.

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, and 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, early resolution, accommodation, fairness, and FLS.

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. The organization also partnered with a legal communication expert to provide a highly customized decision writing training seminar for adjudicators.

In addition to training that is offered to all new staff in tribunals and business units, Tribunals Ontario established an Onboarding & Offboarding Committee to provide a consistent approach across the organization for new employees by developing best practices, tools, and resources, and to ensure appropriate supports are in place.

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

• Mandatory Indigenous cultural competency training through the San'yas Indigenous Cultural Safety Program for all staff and adjudicators
• French Language Services Policy and Active Offer and French Language in a Legal Context training opportunities as well as ongoing French language training for French-speaking adjudicators and staff
• Train the Trainer sessions to implement roll-out of the Tribunals Ontario Portal case management system
• Positive Space training through the OPS Pride Network and other OPS-led learning and development courses
• Zoom training for hearings delivered internally by Tribunals Ontario's Video Conference Task Force
• Encouraged greater organizational awareness with "A Day in the Life" sessions that provide glimpses into the workings of individual tribunals and business units
• Staff were encouraged to participate in external mentorship opportunities, such as the Mentoring for Career and Inclusion Program, that provides employees with professional development and career advancement opportunities
• Began developing a new reverse job shadow program, whereby some employees would be "shadowed" by their managers. Through the reverse job shadowing program, managers will gain a better understanding of the worker's day-to-day work schedule and any challenges they may face in their daily work, including workload. This program will be introduced in the coming fiscal year

Employee Experience

As a people-powered organization, the skills and diversity of the workforce are the building blocks of the organization's success.

In March of 2022, Tribunals Ontario consolidated its existing four employee experience committees into a single overarching Employee Engagement Committee (EE Committee) with learning and development as one of its primary areas of focus. As part of the 2022 Employee Experience Survey, three priority areas were identified:

Mental Health & Well-Being

To build a healthy and inclusive workplace, staff and adjudicators requested peer-to-peer events such as learning sessions where they may gain insight on a variety of topics, seasonal team building and social events to boost morale, and opportunities to celebrate the cultural diversity of staff and any personal achievements.

Career Progression & Learning and Development

In addition to peer-to-peer learning sessions, many employees asked for educational opportunities to enhance their knowledge or for career advancement. Tribunals Ontario helped a number of staff and adjudicators by supporting them through OPS LearnON courses.

Staff also requested the opportunity of incorporating learning sessions from colleagues during regular team meetings by having their co-workers present on a variety of topics to build capacity and engagement.

In addition, several initiatives were kicked off to support professional development and career progression, including efforts to enhance succession planning and coaching for senior managers.

Workload

Staff and adjudicators have consistently raised concerns around workload and maintaining an effective work/life balance. Suggestions in this area include scheduling meetings to respect the working hours of our staff and adjudicators, blocking off time in calendars for breaks, and creating meeting-free workdays. All these ideas will be explored as part of our ongoing plans.

The EE Committee also introduced a number of new programs to the organization with a mind to continuing and expanding them in 2023. They include:

• Arena Tours - Tribunals Ontario's Executive Office hold informal engagement sessions with each tribunal and business unit
• Virtual Social Events – to build social connections with colleagues, participants engaged in small group-facilitated discussions where employees would discuss topics of personal interest
• "Open Office Hours" – the Executive Director, Executive Chair and Directors provided opportunities for two-way dialogue by creating more open interactions with senior leadership

To align with the provincial government's directive, Tribunals Ontario staff and adjudicators returned to the workplace at least three days a week in fall 2022. This also provides an opportunity for people to meet face-to-face and work collaboratively.

We have also made improvements to our workspaces, including updating boardrooms with new technology and upgrading employee assets. Ultimately, Tribunals Ontario is committed to facilitating a healthy and engaged workforce.

Return to Top

Tribunal Highlights

Tribunals Ontario's Key Performance Indicators

Notes:

*This chart is a roll up of all 13 tribunals' KPIs. The Tribunals Ontario-wide KPIs were calculated by taking an evenly weighted average across all tribunals that are reporting on that KPI (e.g., if 13 tribunals report on the KPI, then the weight would be 7.69% per tribunal). In certain situations, tribunals may not be added to the weighted average; specifically, if they did not receive a case in the time period being reported (noted as N/A) and/or if there are technical limitations with providing the data (noted as TBD).

**Tribunals Ontario defines a "backlog" as the number of applications that are older than the case lifecycle standard determined by each tribunal. A case lifecycle is the time it takes a case to go from application / appeal receipt date to the date the case is fully closed. It would be inaccurate to consider the entirety of tribunal caseload as a backlog as these cases will encompass both newly filed applications (which are well within service standards) and older files. There are also many inactive cases that may be in abeyance for a variety of reasons that may impact the overall caseload with the tribunal.

Return to Top

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

Under PAWS, new regulations, Standards of Care for Dogs Kept Outdoors and the Standards of Care for Dogs Tethered Outdoors, came into effect on July 1, 2022.

Changes to PAWS over the years have expanded the jurisdiction of inspectors and increased the number of Animal Welfare Services inspectors. This contributed to an increase in the number, and degree of complexity, of new appeals and resulting hearing events for this fiscal year. The number of opened appeals this fiscal year nearly doubled from 2021-2022 and have more than tripled from 2020-2021.

Despite the increase, the ACRB continued to focus on the effective utilization of resources to meet legislated timelines and meet hearing event performance targets. In 2022-2023, the ACRB focused on operational efficiencies including the continued realignment and building out of management governance and administrative support by establishing procedures to address all areas of case management from intake to the issuing of decisions. This ensured the timely movement of a file through the case management process and allowed the ACRB to meet most of its KPIs and service standards.

The ACRB continued with the recruitment and appointment of new adjudicators in 2022-2023. During this time, the ACRB held bi-monthly training sessions that included legislative and caselaw updates, hearing room management, and decision writing sessions for all adjudicators.

In addition, the ACRB provided adjudicators access to professional development courses offered by SOAR and further training to ensure requisite adjudicative knowledge.

The ACRB also provided a comprehensive training package for all Case Management Officers and Team Leads to ensure consistency of operational processes.

The ACRB participated in three stakeholder engagement sessions that occurred virtually during this fiscal period. Conducting regular stakeholder sessions remains a priority at the ACRB.

Statistics

Table 1: ACRB Caseload Overview

Note:

*In 2022-2023, the ACRB received numerous appeals that were complex and required significant case management by the adjudicator. All open case files continue to be adjudicated.

Table 2: ACRB Key Performance Indicators

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. More specifically, the ARB's main goals are to:

• Reduce the number of appeals in the current cycle before the next assessment cycle
• Increase the efficiencies and effectiveness within the appeal system
• Continue with stakeholder engagement
• Develop new guidelines to support its resolution strategy
• Evaluate and establish new metrics

The current assessment cycle under the Assessment Act was extended by the government for the 2021, 2022, and 2023 taxation years. The ARB continues to monitor and await information regarding the launch of the next assessment cycle, whereby the Municipal Property Assessment Corporation will conduct a general reassessment of all properties in Ontario as of an updated valuation day.

The ARB issued an update on its Appeals Resolution Strategy for the assessment cycle 2017-2020, which sets out its plan to resolve appeals.

The ARB continued to enhance and improve its digital-first services with:

• Updates to the e-filing system for the top six applications under the Municipal Act and City of Toronto Act
• Elimination of paper notices for all municipalities
• Implementation of a focused initiative to ensure that all participants have active email addresses

The ARB also established new guidelines that provide directions to parties to support the timely resolution of appeals. These include the Electronic Document Guideline, Written Submissions Guideline, and Hearing Time Management Guideline.

The ARB also engaged in outreach opportunities hosting a "Day at the ARB" in October 2022 for the recent graduates of the Real Property Administration Program.

The ARB has continued efforts in resolving any outstanding appeals (appeals that were filed before the 2017 cycle) and appeals that required multi-day hearings, case management events, and multi-regional property types.

Statistics

Table 1: ARB Assessment Appeals Caseload

Table 2: ARB Caseload Breakdown by Original Versus Deemed

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 2021 appeal is not issued by March 31, 2022, a new appeal would be created for the 2022 tax year without the appellant submitting another appeal and paying additional fees. The 2022 appeal would be considered the "deemed" appeal.

Table 3: ARB File Types

Note:

*Definitions for file types:

• Summary: If the property appealed is classified as residential, farm or managed forest, the appeal will be heard by way of Summary Proceeding. An appeal under the Municipal Act, 2001 or City of Toronto Act will also be heard by way of Summary Proceeding.
• General: if the property appealed is classified as commercial, industrial, non-residential, the appeal will be heard by way of General Proceeding.
• Legacy – Any appeals that were filed with the Board before taxation year 2017.

Table 4: ARB Tax Appeals Caseload

Table 5: ARB Caseload

Table 6: ARB Key Performance Indicators

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 overall number of applications received in 2022-2023 was larger than in 2021-2022. Even with the increase in applications, the CFSRB was able to provide prompt and effective service to all parties and meet and exceed its key performance targets.

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

In December 2022, the CFSRB conducted two in-person hearings based on a Human Rights Code accommodation.

Statistics

Table 1: CFSRB Applications

Table 2: CFSRB Key Performance Indicators

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 matters that come before the CRB are critical for the health and well-being of youth and the CRB takes this responsibility seriously. The CRB continued to meet its performance measures 100 per cent of the time. In all cases, an adjudicator contacted the youth within 24 hours of receiving an application and recommendations were issued within 30 calendar days.

In this fiscal year, CRB had fewer applications than in 2021-22 fiscal year. The CRB completed all applications from this fiscal, ending the year with no active cases. This is due to the efforts of operation staff and adjudicators to ensure these matters are dealt with promptly for young persons.

Statistics

Table 1: CRB Applications

Table 2: CRB Key Performance Indicators

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 2022-2023, the FSC saw an increase in the number of, and degree of complexity of, new appeals which led to an increase in the number of hearing events. The FSC also helped to facilitate early resolutions to efficiently resolve cases.

During the fiscal year, the FSC focused on effectively utilizing resources through the continued realignment and building out of management governance and administrative support. In addition, procedures were reviewed and revised to enhance all areas of case management.

In 2022-2023, the FSC continued to recruit and appoint adjudicators who were provided with bi-monthly training sessions that included legislative and caselaw updates, hearing room management, and decision writing sessions. Some adjudicators took part in the professional development sessions hosted by the Society of Ontario Adjudicators and Regulators (SOAR).

Case Management Officers and Team Leads also participated in comprehensive training sessions to address key operational areas, such as case file management and appeal resolution.

During the fiscal year, FSC held stakeholder engagement sessions virtually and in person, as well as one-on-one meetings.

Statistics

Table 1: FSC Caseload Overview

Note:

*In 2022-2023, the FSC received numerous appeals that were complex and required significant case management by the adjudicator. All open case files continue to be adjudicated.

Table 2: FSC Key Performance Indicators

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. 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 been working diligently to get its cases more current and remains committed to providing timely and efficient dispute resolution services.

As part of its ongoing commitment to improve services, the HRTO has examined its forms, guidelines, processes, and practices for opportunities to streamline and simplify the application process. Addressing the factors that contribute to delays is a top priority for Tribunals Ontario and the HRTO. Over the past fiscal year, the HRTO has implemented a number of backlog reduction strategies, such as:

• Streamlined processes for first action reviews, which were previously conducted only upon receipt and service of the Forms 1, 2 and 3
• Beginning in August 2022, the HRTO provided parties with an opportunity to hold settlement discussions through mediation by distributing more than 1,200 mediation offer letters. Of the responses received to date, 30% agreed to a mediation, 20% are proceeding to a hearing and 6% have been resolved (other files resulted in abandonments, closure, or other actions)
• Adjudicative review and active case management of legacy (aging) files, with the intent of getting the file resolved
• Launched a process validation and redesign initiative which resulted in the consolidation of 70 processes into 27, for a more efficient, streamlined end-to-end process
• To improve efficiency, adjudicators reviewed files for readiness prior to the scheduling of a case management conference call which included issuing case assessment directions regarding document disclosure and file brief preparation (i.e., relevant documents, witness statements, position summary, outstanding preliminary issues etc.)
• Launched a new scheduling model on January 3, 2023, which has allowed HRTO to schedule events more promptly. Since implementation, HRTO has observed an increase of 62% in the total number of events scheduled this fiscal year compared to the previous fiscal year

These strategies are working as the HRTO was able to successfully halt the progression of its caseload by closing more files in February and March 2023 than received. HRTO's service standard commits to resolving an application from filing date to resolution within 18-months. As of March 31, 2023, the volume of files which are 18 months or older is just over 5,000. By the end of the fiscal year, 45% of the HRTO's caseload was within its active case lifecycle target of 18 months.

Continuous efforts are being made to increase adjudicator capacity to full complement. A robust onboarding and training program is also in place to ensure expertise in human rights, adjudication, administrative law, and decision writing. Adjudicators also learned from their colleagues via weekly drop-in sessions and monthly meetings.

The HRTO continues to prioritize stakeholder engagement. The HRTO is one of the three pillars of the Ontario Human Rights system. In 2022, the HRTO held regular meetings with the other two pillars, the Ontario Human Rights Commission (OHRC) and the Human Rights Legal Support Centre (HRLSC), to seek feedback on forms, guides, and procedures, as well as discuss mutual areas of interest including best practices to service Indigenous people and strategies to address anti-black racism and hate crimes.

The HRTO sought feedback from the OHRC and HRLSC with regard to updating and revising the Form 1, Form 1G, and Applicant Guide. The new Form 1, Form 1G, and Applicant Guide are anticipated to be launched in Spring 2023, and the review of Form 2 and Form 3 is presently underway.

On November 1, 2022, the Associate Chair and Registrar attended Osgoode Hall law school's half day symposium to celebrate the 60th anniversary of the Human Rights Code. The Associate Chair also presented at the Canada Labour and Employee Relations Network on January 24, 2023.

HRTO is committed to access to justice. In the 2022-2023 fiscal year, the HRTO granted 44 accommodation requests. These requests covered a variety of accommodation needs such as in-person hearings, public access terminals, and interpreters.

In addition, HRTO conducted eight in-person hearing events.

Statistics

Table 1: HRTO Applications

Notes:

*Active appeals at fiscal year-end are newly reported for HRTO and this data is unavailable for previous fiscal years.

**Case Processing Time includes all cases closed in the time period regardless of the method of closure and due to recovery strategies implemented in 2202-2023, timelines have increased as older cases are being actioned.

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 Key Performance Measures

Note:

*Due to limitations with the tribunal's case management system, the HRTO is unable to report on the Written Hearing Events but is looking to future enhancements that will enable reporting.

**The HRTO is unable to report on the percentage of hearings scheduled KPI for this fiscal year due to data integrity issues from their case management system. Solutions are being examined to ensure this KPI can be reported on in the future.

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.

Operational Highlights

In 2022-23, the LTB remained unrelenting in its mission to address its backlog and ensure timely, fair, and responsive service to all Ontarians.

The LTB had been experiencing significant and well-documented pressures before 2020, as a result of adjudicator shortages and an antiquated case management system; these were compounded by the COVID-19 pandemic. The five-month moratorium on eviction hearings from March to August 2020 resulted in approximately 25,000 cases being added to the LTB's caseload.

Over the past two and a half years, the LTB has fundamentally transformed itself from a regional-based organization that relies heavily on paper and in-person hearings to a provincial organization that conducts hearings virtually and with an application process that is now primarily digital and online. Though this transformational change has caused some disruption, we are confident it has led to a more efficient and effective operating model. Over the long term, it will be more convenient for our users and result in the timely resolution of disputes.

This last fiscal year, while the LTB received a higher volume of applications than each of the two years before, the number of matters resolved in 2022-2023 was lower. The increase of LTB applications can be attributed to a variety of factors as Ontario adjusts to a post-COVID world. Some matters that come before the LTB may be complex and require additional time or focus to ensure that resolutions are fair and just.

In early 2023, Tribunals Ontario completed implementation of LTB's new case management system and retired its legacy system, CMORE. While the transition to the new system was not without some challenges, the portal will streamline the dispute resolution process and provide various new functionality to users. It allows parties to file and pay for their LTB applications online, upload evidence directly into the system, view, and exchange documents with other parties, and view their application status including any orders that have been issued related to their case. The system also has features that allow the parties to communicate with each other to discuss opportunities for settlement or ask for assistance from an LTB Dispute Resolution Officer to help reach an agreement.

Throughout the fiscal year, numerous enhancements and improvements were applied to the portal as part of the LTB's goal to have an integrated end-to-end digital user experience. They include:

• Requests for Mediated Services – this new feature was introduced to give parties the ability to request timely support in settling their matters prior to a hearing
• Self-Scheduling Tool – in March 2023, the self-scheduling tool was implemented allowing eligible applicants and/or their representatives to choose their preferred hearing date and timeslot for their hearing through the portal
• Available Applications – throughout the fiscal year, the LTB began increasing the number of applications that may be filed online. As of March 31, 2023, there were a total of 12 different applications available for users

Ongoing updates and enhancements to the portal features, functionality and processes based on feedback received from users and stakeholders will continue to be made. We expect that the convenience and efficiencies offered by the new portal will help us make significant inroads into the backlog in the coming year.

Another key priority for the LTB over the past fiscal year has been adjudicator and staff recruitment. In April 2022, the government announced $4.5 million in funding over three years for an additional three adjudicators and ten staff. This was followed by an investment of 35 additional staff in late 2022 and in the spring 2023 an additional 40 adjudicator FTEs along with 5 staff FTEs. These investments will provide welcome assistance so that we can provide faster results, shorter wait times, and a better overall experience when users need to engage the board. As of March 31, 2023, the adjudicative roster comprised 39 full-time and 46 part-time members.

Other ways in which the LTB is continuing to look for opportunities and solutions to address service delays include:

• Ongoing review of business processes, including Lean and Ombudsman recommendations, with a view to streamlining procedures
• Optimizing hearing block sizes, in particular for L1/L9s, to best utilize adjudicative resources
• Holding training sessions for adjudicators on streamlined order writing, hearing room management and file preparation to improve member efficiency
• Maximizing operational and adjudicative efficiency through progressive development and deployment of features and documents in the portal
• Launching technical support service to troubleshoot parties' Zoom issues during hearings (leading to more efficient use of hearing time)
• Rolling out Orders from the Bench initiative, a new process whereby adjudicators issue simple, straightforward Orders by email to parties during their hearing
• Launching evening and weekend hearings primarily for adjourned matters and with the consent from all parties

In 2022-2023, the LTB also continued in its commitment to support users by reviewing and updating several online resources. Among them include updated brochures for renters in Ontario with key information for both landlords and tenants, the introduction of a new credit card payment form so applicants' personal information is secure, and consistent operational updates to the LTB's webpage, so users are kept up to date on what is happening at the LTB.

Throughout the fiscal year, the LTB continued to engage stakeholders with regular communications related to the portal, improving the user experience and functionality of the system, including streamlining processes and the implementation of those processes.

In September 2022, the LTB led educational and information sessions for portal users to walk through some features of the portal and address common questions.

During the fiscal year, the LTB conducted seven in person-hearing events.

Statistics

Table 1: LTB Applications

Notes:

* The totals include non-profit co-operative housing eviction applications filed in LTB's new case management system.

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

*** In 2022-2023, 47% of the applications were resolved at hearing (ordered by hearing contested or uncontested, or ordered by review), 6% through mediation (mediated or ordered by hearing mediated), and 29% through withdrawals.

****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 Key Performance Indicators

Notes:

*Over the course of the past year, the LTB has been operating out of two case management systems, as it transitioned from its legacy system (CMORE) to the new Tribunals Ontario Portal. As a result, the LTB is unable to report on certain KPIs for the past fiscal year.

**L1: Application to evict a tenant for non-payment of rent and to collect rent the tenant owes.

***L9: Application to Collect Rent the Tenant Owes.

****L5: Application for an Above Guideline Increase.

*****A4: Application to Vary the Amount of a Rent Reduction.

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, 1990
  • Subclause 32(5)(b)(i) - Medical (MED)
  • Subsection 47(1) – Medical (MED) and Commercial Vehicle Operator's Registration (CVOR)
  • Subsections 17(2), (3) - Commercial Vehicle Operation's Registration (CVOR)
  • Subsection 48.3(2) - Administrative Driver's Licence Suspension (ADLS)
  • Section 82.1 - Commercial Vehicle Impoundment and Suspension (CVIS)
  • Subsection 95(1) - Motor Vehicle Inspection Licence (GAR)
  • Subsection 55.1(3) - Motor Vehicle Impoundment (MVIA)
• Horse Racing Licence Act, 2015
• Intercountry Adoption Act, 1998
• Licence Appeal Tribunal Act
• 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, 1990
• 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
• Ticket Sales Act, 2017
• Travel Industry Act, 2002
• Vintners Quality Alliance Act, 1999

Operational Highlights

Fiscal year 2022-2023 has shown great progress at LAT in ensuring timely access to fair, efficient, and effective dispute resolution. LAT-AABS successfully addressed delays by reducing the time from application to case conference and from case conference to oral hearing by half over the course of the year. By March 31, 2023, a higher number of cases were within the 12-month target lifecycle for the LAT (74%) than we had earlier in the fiscal year. While there is more work to do, the progress over the second half of the fiscal year was significant.

LAT-AABS has made great strides in significantly reducing its backlog. It closed more appeals than were opened, the first time this has been accomplished at LAT-AABS. It also increased the number of case conferences, settlement conferences and hearings scheduled, and closed considerably more files than in any fiscal year since it began operations. For the first time since it was established in 2016, LAT-AABS has fewer active cases at the end of the year.

The progress at LAT is largely because of focused attention on key areas such as member and staff recruitment, increased hearing events, active case management and process realignments. Ongoing training and continued development of key adjudication skills, including decision writing and case management, were also critical.

The progress was also aided by initiatives started in Q4 of the prior fiscal year, including the move to a canvassing-based scheduling process. Due to LAT's streamlined scheduling, there were a reduced number of adjournments and a record number of resolved appeals, again, resulting in a significant reduction in the caseload backlog.

Refinements to processes and procedures, and the addition of new adjudicators and staff resources, have led to a significant reduction in overall processing timelines, leading to a higher number of events scheduled, therefore increasing case resolution throughout the fiscal year.

LAT-GS expanded the type of appeals it hears, adding multiple new appeal types for adjudication. LAT-GS made changes to ensure operational readiness so that business processes were in place to effectively meet any increase in appeals. There was also a focus on training adjudicators for the new appeals, including administrative monetary penalties.

In 2022-2023, LAT-GS added the following new legislative jurisdiction to its mandate:

• Trust in Real Estate Services Act, 2002
• Technical Standards and Safety Act, 2000
• New Home Construction Licensing Act, 2017

Over the last fiscal year, LAT frequently consulted with a variety of stakeholders. Through the development of new stakeholder relationships and the continued engagement with existing stakeholders, LAT made great progress in addressing one of the biggest stakeholder concerns by significantly reducing service delays.

LAT also continued to be responsive to stakeholder needs. For example, in summer 2022, changes were made to the canvassing-based scheduling model based on stakeholder feedback. These changes allowed for a broader range of dates for canvassing for oral hearings, and they continue to yield benefits and create further operational efficiencies. In Q4, LAT engaged its stakeholders in the initial phase of consultation on an update to the Common Rules of Practice and Procedure. These consultations are ongoing in fiscal 2023-2024.

While the vast majority of hearings were held virtually in 2022-2023, the LAT held one in-person hearing event.

Statistics

Table 1: LAT-GS Caseload Overview

Table 2: LAT-AABS Caseload Overview

Table 3: LAT Key Performance Indicators

Note:

*The LAT's Decision Issuance Key Performance Indicator (KPI) does not include case conference reports and orders, motion orders, or adjournment orders, which account for over 90% of total decisions for LAT. The statistics on decision issuance for the divisions within LAT (LAT-AABS and LAT-GS) are rolled up using a weighted average based on the number of decisions released across each division. The inclusion of decision types will be re-examined for a future iteration of the Tribunals Ontario KPI development.

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 on a date still to be determined. 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.

The OCPC's duties and powers to investigate into police matters arise out of section 25 of the Police Services Act. Under this section, the OCPC has discretion to initiate investigations in one of two ways:

1. In response to requests from one of the prescribed entities such as the Solicitor General, the Independent Police Review Director, a municipal council, and/or a municipal police services board.
2. On its own motion in which the OCPC will consider information provided by individuals or organizations and may act on such information on its own motion and on a discretionary basis, including to initiate a formal investigation.

In 2022-2023, the OCPC streamlined processes for operational efficiencies and increased administrative and adjudicative resources.

The OCPC continued to provide training for adjudicators and opportunities for professional development including access to SOAR training. The OCPC also continued training of cross-appointed adjudicators to enhance the overall knowledge base and remain current with adjudicative practice, legislation, and pending regulatory change specific to the OCPC, and its governing legislation, the Police Services Act.

The OCPC promotes a collective understanding in the areas of diversity, inclusion, and accessibility. In 2022, the OCPC added to its bilingual complement to support Tribunals Ontario's commitment to provide French language services.

During the fiscal year, the OCPC updated and enhanced its stakeholder list to include umbrella organizations that would ensure comprehensive outreach to stakeholders, communication of our KPIs, and an open avenue for feedback.

Statistics

Table 1: OCPC Caseload Overview

Note:

*In 2022-2023, the OCPC received appeals that were complex and required significant case management by the adjudicator. All open case files continue to be adjudicated.

Table 2: OCPC Investigation Overview

Notes:

*This investigative data has been modified from previous reporting to now reflect the total of the number of s. 25 investigations (conduct and/or performance of duties of a police officer, chief of police, auxiliary member of a police force, special constable, municipal law enforcement officer, member of a board, or an appointing official under the Interprovincial Policing Act in addition to the administration of a municipal police force or manner in which police services are provided for a municipality) initiated by request and on the OCPC's own motion.

Table 3: OCPC Key Performance Indicators

Note:

*The OCPC does not conduct alternative dispute resolution methods because of the jurisdiction and operations of the tribunal. As such, the KPI for the percentage of cases resolved through alternative dispute resolution will not be reported.

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 is delegated under the federal Corrections and Conditional Release Act. The OPB's powers and duties come from the provincial Ministry of Correctional Services Act.

Operational Highlights

During the 2022-2023 fiscal year, the OPB continued to streamline its processes to ensure consistency throughout the operations team which included improvements to forms, processes, and guidelines.

OPB forms and public facing material were updated to ensure they remain accessible and available in both English and French. The OPB also continued to provide culturally relevant services to Indigenous (First Nations, Inuit, Metis) applicants. The OPB implemented an applicant-focused approach to Indigenous Circle Hearings that allows the applicant the opportunity to share their parole plan with the OPB Elder prior to the hearing, which enhances procedural fairness and strengthens the cultural support provided by the Elder.

The OPB further improved hearing processes by permitting up to two assistants for parties at each hearing and provided additional information to parole applicants about next steps when issuing the board's decision to either grant or deny parole. In addition, the OPB made improvements to its active adjudication model with one of the goals being to narrow the issues during each hearing.

In February 2022, as part of the government's continued work to improve public safety, the OPB transitioned from the Electronic Supervision Program (ESP) to Global Positioning System (GPS). GPS tracking allows the OPB to create release orders that include conditions to monitor client movements in the community, increasing client accountability and the ability of the Ministry of the Solicitor General (SOLGEN) staff and police services to monitor compliance. In a short timeframe, OPB and their community partners ensured all parolees on ESP conditions were notified and consented to the transfer of the new monitoring system by May 13, 2022.

The OPB began transitioning mainstream hearings from teleconference onto the Zoom platform for non-Indigenous applicants across provincial correctional institutions.

During 2022-2023, the OPB conducted most of its hearings in writing and virtually and held one in-person hearing event.

OPB received six accommodation requests on hearing formats. Pre-hearing conferences were held which allowed the hearing members to ask further questions on the accommodation requests and to better assess the needs of the applicants. Those applicants who sought an in-person hearing were accommodated via Zoom rather than a teleconference hearing. The approved accommodations allowed applicants to participate fully in the hearing process.

The OPB conducted monthly member training on issues affecting public safety, with topics including crimes against children, decision writing, and understanding the intersection between parole and criminal law. The OPB also participated in external training opportunities at the Annual Training on Risk Assessment offered by the Parole Board of Canada, the World Congress on Probation and Parole, and training offered by SOAR.

The OPB held numerous stakeholder engagement sessions virtually with paroling authorities across Canada, SOLGEN, and the Criminal Lawyers Association. The OPB remains committed to stakeholder engagement and continuing to strengthen positive relationships.

Statistics

Table 1: 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.

Table 2: OPB Hearings Days

Note:

*Hearing days are measured by any portion of a day when members were assigned to conduct an oral hearing. Written hearings are not included in this total.

Table 3: OPB Key Performance Indicators

Note:

*The OPB does not have a standard case lifecycle, as all cases are active until the applicants are discharged from an institution and the decision issued is determined by the Parole Eligibility Date (PED), not a pre-set timeframe. Due to the OPB not having a case lifecycle, they will not be reporting on the percentage of cases within the case lifecycle KPI. The OPB also does not conduct alternative dispute resolution (ADR) as the jurisdiction and operations of this tribunal do not include mediation or other ADR methods. As such, they will not be reporting on the KPI for the percentage of cases resolved through alternative dispute resolution.

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

In 2022-2023, the OSET (English) received one appeal. A hearing was conducted virtually to align with Tribunals Ontario's digital-first model.

The OSET (French) did not receive any appeals in this fiscal period.

Statistics

Table 1: OSETs Key Performance Indicators

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

During this fiscal year, the SBT continued to implement Tribunals Ontario's digital-first approach while providing accommodations where necessary to ensure access to justice.

While the vast majority of hearings were held virtually, the SBT held 24 in-person hearing events in 2022-2023.

The SBT has made significant inroads into its backlog over the past fiscal year, in part by modifying the way appeals are scheduled, with a focus on hearing matters sooner. This modified scheduling practice ensured parties were provided with more timely outcomes to their matters, while also providing fair and effective dispute resolution services. Throughout the 2022-2023 fiscal year, these practices, which built upon a number of other improvements and changes, resulted in a 38% reduction of the SBT's active case load from 2020-2021. This is a significant milestone and success for the SBT.

Over the past year, the SBT continued to close more files than it opens each month, which has resulted in a steady decrease to the number of outstanding appeals and an overall reduction in the backlog. The SBT also decreased the number of active files older than 300 days, decreased the average number of days from receiving an application to issuing a decision, and reduced the average number of days from a hearing to a decision. These are all considerable improvements.

The SBT continued to improve the Early Resolution Opportunity (ERO) program, with Early Resolution Sessions scheduled within 30 - 45 days from the date the SBT received an appeal. The success rate of matters being resolved prior to hearing or partial resolution of the matter, of the files that went through the ERO program in the last fiscal year, was 27%.

The SBT continued to hold stakeholder meetings and remains committed to engaging with stakeholders at least twice annually. Over the fiscal year, SBT met bi-monthly with the Disability Adjudication Unit, and quarterly with the Ontario Disability Support Program financial managers. The SBT also met with the Steering Committee on Social Assistance. The purpose of these meetings was to discuss and share information regarding SBT processes, adjudicator recruitment, backlog management, and scheduling practices.

In consultation with our stakeholders, the SBT developed a new Consent and Authorization Form 11 and updated Appeal Form 1 to actively offer French services.

The SBT has conducted several competitions to recruit for adjudicators this past fiscal year. As of March 31, 2023, SBT had 13 full-time adjudicators (including the Associate Chair and Vice Chairs) and 34 part-time adjudicators. The SBT provided extensive training for new adjudicators which included training on the relevant law and legislation, adjudication skills like hearing management and decision writing, and presiding with a more senior member. Ongoing training for adjudicators includes monthly professional development and lunch and learn sessions.

Statistics

Table 1: SBT Caseload Overview

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:

*Decisions include granted in part.

**Other decisions include Consent order, no appeal before the tribunal, appeal out of time, no jurisdiction, matter resolved or withdrawn, or cases referred 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:

*Decisions include granted in part.

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

Table 7: SBT Key Performance Indicators

Return to Top

Financial Summary

The 2022-2023 financial summary includes the consolidated expenditures for Tribunals Ontario. 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.

Table 1: Summary Comparison of Tribunals Ontario's Actuals, Revenue and LAT-AABS Reimbursement

Table 2: Comparison of Tribunals Ontario Expenditures

Note:

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

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.

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

***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 2.

Return to Top

Appendix

Appointees