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Position/Title
Physician Member
Member (Part-Time)
Agency
Licence Appeal Tribunal (Tribunals Ontario)
Advertisement Date
16-Jan-2023
Closing Date
09-Apr-2023
File Number
PAS-230021
Position Type
Part-Time
Remuneration
PER DIEM
Roles and Responsibilities

Tribunals Ontario is a group of 13 adjudicative tribunals that play an important role in the administration of justice in Ontario. Each year our tribunals receive and resolve nearly 100,000 cases - providing fair, accessible dispute resolution to thousands of Ontarians.

Tribunals Ontario is seeking members of the College of Physicians and Surgeons of Ontario for appointment as a professional part-time Member for the Licence Appeal Tribunal (LAT). Professional part-time Members adjudicate appeals from Ontario drivers who have had their driver’s licence suspended or downgraded for medical reasons as defined in the Highway Traffic Act. (Interested candidates should be available for assignments at least three to four days per month, or more.)

The LAT derives its legislative authority from the Licence Appeal Tribunal Act, 1999. The LAT adjudicates and resolves appeals concerning compensation claims and licensing decisions made by a variety of regulators under laws that protect consumers and the public and ensure the integrity of the regulated businesses and occupations. Common appeal types that come before the LAT involve liquor licenses, new home warranty claims, medical suspension of driver’s licences, impoundment of motor vehicles and licensing of various businesses and occupations. In addition, the Automobile Accident Benefits Service (AABS) division of the LAT accepts applications for automobile insurance dispute resolution.

As a professional part-time Member, the successful candidates will be accountable to the Executive Chair and work under the general direction and mentorship of the Associate Chair, or delegate. Members are responsible for adjudicating and mediating disputes under applicable legislation, policies and rules, using a variety of dispute resolution methods. Members may be assigned to carry out their adjudicative responsibilities alone or as part of a panel. Services are delivered across the province and are of a high quality resulting in a fair and accessible experience for parties and stakeholders. As such, members will be required to travel throughout the province.

The successful candidates will work within a challenging, fast-paced and demanding environment that requires confidence, critical thinking and strong interpersonal and communications skills. The successful candidate will recognize and respect the diversity of the people of Ontario and the requirements of procedural fairness in hearings, where parties are frequently self-represented. The successful candidates will also work within a collegial environment that is committed to the core values of accessibility, fairness, transparency, timeliness, integrity, professionalism and independence.

Successful candidates will chair pre-hearing case conferences to resolve or simplify issues, to outline the hearing procedure, and to schedule timelines for the hearing process.

Successful candidates will chair hearings either independently or with a co-panelist to assess evidence and arguments from the parties. The adjudicator(s) decide whether the driver has a medical condition and, if so, whether the medical condition is likely to significantly affect the driver’s ability to drive a motor vehicle safely or whether their medical condition impacted the driver’s ability to perform the roadside test that led to the administrative driver’s licence suspension being appealed.

Successful candidates will either independently or with co-panel write a final decision.

Qualifications

The Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 provides that all appointments shall be made through a competitive, merit-based process, with criteria for appointments that include:

  • Experience, knowledge or training in the subject matter and legal issues dealt with by the tribunal.
  • Aptitude for impartial adjudication.
  • Aptitude for applying alternative adjudicative practices and procedures that may be set out in the tribunal’s rules.

In addition, a successful candidate will be able to demonstrate:

  • Computer literacy; and
  • Ability and willingness to travel (with accommodation as required).

In addition, Members are required to possess the following core competencies:

  • Professional judgement;
  • Listening/understanding;
  • Decision-making;
  • Integrity/ethics/values;
  • Professional awareness; and
  • Conflict management.

A successful candidate should:

  • Have experience in general practice or internal medicine
  • Have a broad base of medical knowledge including neurological diseases, mental health issues (including substance use), heart disease, metabolic disease and cognitive impairment;
  • Be able to work independently or in teams and have an interest in writing high quality decisions and orders;
  • Have good computer skills and an ability to work electronically
  • Ability to interpret and apply relevant legislation;
  • Ability to listen actively and communicate clearly and effectively with Tribunal users, including those who are not professional representatives or who rarely participate in LAT proceedings;
  • Ability to formulate reasoned decisions and to communicate them clearly in writing in a timely manner;
  • Good organizational skills to manage a heavy workload;
  • Ability to work effectively in an inclusive, team environment; and
  • Commitment to respect diversity, to maintain fair and transparent processes and to provide access to justice.

Tribunals Ontario will continue primarily with its digital-first approach which is to conduct hearings remotely via digital platforms such as Teams or Zoom or by telephone and operate electronically. Constituent tribunals rely heavily on electronic case management systems, editing and managing documents electronically and keeping up-to-date outlook calendars. All adjudicative work is conducted electronically (including hearings) and adjudicators are expected to operate fully independently to manage their own hearings and administrative items such as writing, preparing, processing, formatting and uploading their decisions. There is no administrative support to assist with these functions. Accordingly, computer skills and proficiency with IT programs are a requirement of the position.

Indigenous candidates and those who have demonstrated experience in working with Indigenous individuals and communities are strongly encouraged to apply.

In addition, pursuant to the French Language Services Act, the organization has a statutory obligation to ensure that French services are provided in a manner that is clearly visible, publicized, easily accessible and of equivalent quality to those offered in English. Every person that comes before any of the constituent tribunals of Tribunals Ontario has a right to communication in French and to receive available services in French. As such, Tribunals Ontario is actively seeking candidates who are able to conduct hearings, communicate as necessary and adjudicate in French. Bilingual (French and English) candidates are strongly encouraged to apply. Successful bilingual candidates may undergo an assessment to determine language proficiency and ability to deliver French Language Services.

A full description of the qualifications and responsibilities of this position are set out in the Member position description found on the Tribunals Ontario website.

We thank all interested applicants, but only those applicants selected for an interview will be contacted.

Please Note

Tribunals Ontario is committed to build a workforce that reflects the communities we serve and to promote a diverse, anti-racist, inclusive, accessible, merit-based, respectful and equitable workplace.

We invite all interested individuals to apply and encourage applications from people with disabilities, Indigenous, Black, and racialized individuals, as well as people from a diversity of ethnic and cultural origins, sexual orientations, gender identities and expressions.

Visit the OPS Anti-Racism Policy and the OPS Diversity and Inclusion Blueprint pages to learn more about the OPS commitment to advance racial equity, accessibility, diversity, and inclusion in the public service.

We offer workplace accommodation consistent with the requirements of Ontario's Human Rights Code as well as any accommodation that may be required across the recruitment process. If contacted for a recruitment opportunity and you require a disability-related accommodation in order to participate in the interview process, please contact us at TO-TDO.appt-nom@ontario.ca to make your needs known in advance.

Some Restrictions Apply

Applicants must be licensed to practice medicine in the province of Ontario and be in good standing with the College of Physicians and Surgeons of Ontario.

Term
2 years
Appointment is by Order in Council for an initial term of up to two years and is subject to renewal for a maximum of 10 years in a given position, upon the recommendation of the Executive Chair.
Time Commitment
Meet as required
As needed
Expenses
Yes
The rate of remuneration is on a per diem basis of $788 per day. Appointees shall be reimbursed for reasonable work-related expenses while engaged in the business of the Licence Appeal Tribunal in accordance with the Travel, Meal and Hospitality Expenses Directive and any other Treasury Board and Management Board of Cabinet directives.
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