VY v. Children's Aid Society of Toronto, 2019 ONCFSRB 79

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

VY

Applicant

-and-

Children’s Aid Society of Toronto

Respondent

DECISION

Adjudicator: Jennifer Scott

Date: November 20, 2019

Citation: 2019 CFSRB 79

Indexed As: VY v Children’s Aid Society of Toronto (CYFSA s.120)

Introduction

1This is an Application filed under section 120 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1 (the “Act”). The Application was filed on August 21, 2018.

Abandonment

2On September 24, 2018, the Child and Family Services Review Board (“CFSRB”) scheduled a pre-hearing in this matter for October 12, 2018.

3The pre-hearing is a mandatory first step in the section 120 hearing process. At the pre-hearing, parties are given the opportunity to mediate an application. If they refuse to mediate, case management for the hearing is done at the pre-hearing.

4At the applicant’s request, the pre-hearing was adjourned.

5The CFSRB attempted to reschedule the pre-hearing for October 24, 2018. The Applicant advised that he had retained counsel and was waiting to receive their advice.

6On November 14, 2018, the CFSRB wrote to the Applicant and advised it was unable to contact him about his Application. The Applicant was advised that if he did not contact the CFSRB by November 24, 2018, his file would be closed. On November 14, 2018, the Applicant stated two lawyers were representing him and asked that the pre-hearing be postponed until January or February 2019.

7On December 3, 2018, the CFSRB asked the Applicant if he was available on three dates in January 2019. He did not respond.

8The CFSRB then contacted the lawyers identified by the Applicant as his representatives. On March 18, 2019, the lawyers advised the CFSRB, copied to the Applicant, that they were not retained in this matter.

9In response to an April 2019 request for his availability for the pre-hearing, the Applicant advised the CFSRB that he did not trust the mediation offered. When asked if he was withdrawing the Application, the Applicant advised that he was not withdrawing, he was making it public. The Applicant did not respond to follow-up correspondence from the CFSRB in May 2019 asking him if he was continuing his Application.

10On July 5, 2019, the CFSRB issued a Case Management Direction (“CMD”) setting out the history of its attempts to reschedule the pre-hearing. The CFSRB directed the parties to provide their available dates in August 2019 to attend the pre-hearing, by no later than July 15, 2019. The Applicant was advised that if he did not provide his available dates or communicate with the CFSRB by July 15, 2019, his Application may be dismissed as abandoned.

11The Applicant communicated with the CFSRB in July 2019, but refused to provide August dates as requested. Instead, he continued to delay the rescheduling of the pre-hearing.

12This Application was filed in August 2018 and no pre-hearing has taken place. The Applicant has refused to participate in the Board’s hearing process and in doing so, has effectively abandoned the Application. As a result, this Application is dismissed as abandoned.

ORDER

13For the above reasons, the Application is dismissed.