How Toronto's ombud can help you

Whoever coined the phrase “you can’t fight city hall,” hasn’t met Toronto Ombudsman Fiona Crean. Appointed as Toronto’s first Ombudsman first in November 2008, Crean brings to the role decades of personal experience dedicated to fairness in government, human rights and social justice.

Since her office began to offer services in April 2009, they have investigated and issued reports about several significant systemic problems in addition to resolving a myriad of individual problems.

Most notably, in October last year she released the report “Potholes, Floods and Broken Branches: How the City Handles your Claims,” following a 14-month investigation into the processing of third-party liability claims under $10,000 against the City of Toronto.

Among the findings were that altogether 90 per cent of claims were denied and claimants received letters stating there had been an investigation, when in fact no investigation ever took place. Claims about damage from potholes were routinely denied by adjusters who stated that road maintenance met minimum standards. The city and adjusters also routinely held back information from claimants.

The report’s 10 recommendations were accepted by city manager Joe Pennachetti with a promise to implement new service standards by the end of January. The result could dramatically improve the experience of Toronto residents who have claims for property damage caused by potholes, sewers or water back-ups and falling tree limbs.
 
But many individual Toronto residents have also benefitted personally and financially as a result the Ombudsman’s intervention. A few case stories are summarized below.

A token exchange: In November 2006, the TTC replaced its tokens with a new design. The old tokens were supposed to be good until January 31, 2007. TTC advised people with more than 100 tokens to go to the TTC head office to exchange them.

 Ms. D. had 1,145 tokens. She also had a TTC brochure that said she had until December 31, 2007, to exchange them. She took her tokens to the head office on December 6, 2007. Staff told her the deadline had passed. Ms. D. wrote to her councillor, and also went to a legal clinic with her complaint. The clinic sent a letter to the Ombudsman on behalf of Ms. D., along with a copy of the TTC brochure with the December 31, 2007, deadline.

Ombudsman staff contacted several people at the TTC. A manager there said his office was trying to resolve the complaint. He said the brochure was withdrawn soon after its release, because the deadline was subsequently changed to January 31, 2007. However, the TTC only published this change on its website.

Result: The TTC did agree to honour Ms D.’s claim because she had relied on their public information. They exchanged the 1,145 old tokens for new ones.

Parking ticket mistake: Mr. L. received a parking ticket dated December 31, 2007, a day neither he nor his car was in Toronto. He called the city early in 2008 and was told the error would be corrected. In March 2008, he received a notice of conviction, and the parking fine increased from $30 to $46. He called again and was told the error would be corrected.

In 2009, Mr. L. went to renew his driver’s license before his March 31 deadline. He was told he had an outstanding fine, now $66, which he had to pay before March 31 or he could not renew his license. He called the city again. Staff agreed to fix the error, but couldn’t commit to doing so before he would lose his license. In mid-March 2009, Mr. L. phoned the Ombudsman. Her staff made several calls before finding a staff member who corrected the error by March 31.

Result: Mr. L. was able to renew his driver’s license without having to pay the fine he didn’t owe.

Accessible sidewalks: Ms. G. uses a wheelchair and does most of her shopping at a centre near her home. In winter, the ploughs have been piling the snow on the slope part of the curb, making it impossible for her to get through. For two years, Ms. G. tried to get someone to come out for a look.

She asked the Ombudsman for help in November 2009. Ombudsman staff phoned the manager of road operations, who said he would go out to see for himself. On November 30, he went to see Ms. G., going with her to see the exact route she takes to the shopping centre.

Result: The city staffer said he would make sure it was ploughed properly, so that her wheelchair could get through, and he gave her his direct phone number to call if there is a problem.

The Ombudsman is an impartial investigator of residents' complaints about the administration of city government, services are free and confidential, and the office is not located on City Hall premises.

Like all city-funded resources, the Ombudsman’s office has been impacted by Toronto’s current fiscal challenges. As a result the requested budget for 2012 was 2.5 per cent lower than the 2011 base budget. In her December presentation to the Budget Committee, Crean said this will mean a curtailment of direct service delivery capacity and the number of investigations.

Therefore, it is particularly important to recognize that the Ombudsman’s Office is a place of last resort. If you have a complaint against city hall, this link will help you determine who you should call first to try and get your problem resolved. But if all else fails, here are tips on how you can make a complaint to the Ombudsman   and some frequently asked questions.

Also read: The Fixer: Better steer clear of that pothole  and City ombudsman blast children’s services staff .