The applicant filed a complaint with the Child and Family Services Review Board regarding the respondent children's aid society's decisions about the placement of and access to his child.
The respondent argued the application was ineligible for review because the same issues were currently before the Ontario Court of Justice in a child protection proceeding.
The Board found that the applicant's complaints were not separate and different from the substantive issues before the court.
As the issues were already before the court, the Board concluded it lacked jurisdiction under section 120(8)(a) of the Child, Youth and Family Services Act, 2017, and dismissed the application.