1. Environment and Land Tribunals Ontario Society of Ontario Adjudicators and Regulators Does Anyone Have A Spark Plug? Strategies to Tackle Delay Presentation by Lynn Norris November 7, 2013

2. Environment and Land Tribunals Ontario Overview Case delays and backlogs are a core challenge of most systems – the justice sector is no exception We are all familiar with the concept that “justice delayed is justice denied” Environment of shrinking resources and increasing caseloads has exacerbated the challenges of how to move cases from initiation to resolution in a manner that provides a fair, timely and affordable outcome 2

3. Environment and Land Tribunals Ontario Overview How can a tribunal use policy and procedure to mitigate against delay? Primarily drawing on recent Assessment Review Board (ARB) 2013 Streaming Strategy Principles 6 Key elements 3

4. Environment and Land Tribunals Ontario Principles Tribunals have a role in controlling their caseload/processes Culture plays a significant role – Internal (adjudicators, staff) – External (parties, representatives, stakeholders) Leadership – Adjudicative – Operational Impact on resources 4

5. Environment and Land Tribunals Ontario Key Elements 1.Consultation/Collaboration – Users/stakeholders – Adjudicators and staff – Other jurisdictions – At some point, you just need to decide! 5

6. Environment and Land Tribunals Ontario Key Elements 2.Systemic View – What are you trying to fix? – How do the pieces fit together?  Early information sharing  ADR  Hearing management practices – Understand dependencies – Timing 6

7. Environment and Land Tribunals Ontario Key Elements 3. Proportionality – One size doesn’t fit all – Where to focus limited resources? – Differentiated case management 7

8. Environment and Land Tribunals Ontario Key Elements 4.Document the Plan – Rules/practice directions – Staff and adjudicators – Training and communication 8

9. Environment and Land Tribunals Ontario Key Elements 5.Set Expectations and Targets – Clear Performance Measures  For individual cases  Case Management Plan  Procedural Order  For the system  How will we know if it worked? 9

10. Environment and Land Tribunals Ontario Key Elements 6.Monitoring and Evaluation -Data -More consultation -Adapt and adjust -Report back 10