AV v. Children’s Aid Society of Algoma, 2020 CFSRB 74

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

AV

Applicant

-and-

Children’s Aid Society of Algoma

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: July 21, 2020

Citation: 2020 CFSRB 74

Indexed As: AV v Children’s Aid Society of Algoma (CYFSA s.120)

WRITTEN SUBMISSIONS

AV, Applicant

Self-represented

Children’s Aid Society of Algoma, Respondent

Jennifer A Mealey, Counsel

Introduction

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under section 120 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1 (the “Act”).

2This Decision explains why the Application is being dismissed.

background

3On July 15, 2020, the CFSRB issued a Case Management Direction (“CMD”). The CMD set out the history of the Application, as follows:

The CFSRB found the Application eligible to proceed under section 120(4)5.

After receiving the Response, the CFSRB directed the scheduling of a Case Management Teleconference (“CMT”).

After consultation with both parties to confirm their availability, the CMT was scheduled for 2 p.m. on June 19, 2020. At 10:31 a.m. on June 19 the Applicant sent an email requesting the CMT be rescheduled as she had been called into work.

The CMT was rescheduled for the afternoon of June 26, 2020, at a time the Applicant had confirmed she was available. The Respondent attended at the scheduled time. The Applicant did not.

The Case Processing Officer contacted the Applicant by telephone to find out why she was not on the CMT. The person who answered the phone first denied being the Applicant and then acknowledged she was the Applicant but said she could not access her email to find the information to call in to the CMT. The Case Processing Officer gave the Applicant this information (which had previously been emailed to her). A few minutes later the Applicant sent an email to the CFSRB stating her telephone “is not allowing me to call out”. She did not join the CMT at any point.

The CMT was then rescheduled for the morning of July 9, 2020. Due to a scheduling error, the CMT needed to be rescheduled for later that day or the following day. When the Case Processing Officer contacted the Applicant about her availability, the Applicant wrote:

hello so sorry i have been working alot and have not had time is there any other way this can be done as i do not wish to speck with [the Respondent’s counsel] cause i know nothing will get resolve she has had issues with me in the past and hold my past against me and does not except that people change [spelling and punctuation as in the original]

The Case Processing Officer then emailed the Applicant asking the Applicant to contact her by telephone. The Applicant has not communicated with the CFSRB since her email of July 9, 2020.

4The CMD noted that it was concerning that when contacted by telephone on June 26, 2020, the Applicant first denied her identity then, moments after stating she could not access her email, sent the CFSRB an email saying she had issues with her telephone.

5The CMD directed the Applicant to advise the CFSRB on or before July 20, 2020 whether she wished to continue with the Application. The CMD warned the Applicant that if she did not communicate with the CFSRB by that date “the Application may be dismissed as abandoned”.

analysis

6When an individual files an application with the CFSRB they start a process which engages the resources of not only the respondent but also the CFSRB. It is important that applications proceed in a timely manner. Family and work commitments may need to be rearranged so an applicant can participate in the process including attending scheduled teleconferences.

7In this case, the Applicant has avoided participating in the process. Her explanations for not participating in the June 26, 2020 CMT are not credible. Moments after stating there were issues with her email she sent the CFSRB an email saying there were issues with her phone. I conclude she was simply providing excuses to avoid attending the CMT.

8The Applicant was warned that failing to communicate with the CFSRB about her intentions by July 20, 2020 could lead to dismissal of her Application. She did not communicate with the CFRSRB by July 20, 2020 or at any time up to the date of this Decision.

9For these reasons, I find the Applicant has abandoned her Application and it must be dismissed.

order

10The Application is dismissed.

confidentiality order

11Pursuant to Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure, parties and their representatives must not use, share, discuss or disclose any CFSRB documents or decisions or any other documents or information provided or used in this Application with anyone, including through the media or online. The CFSRB prohibits the use of any of this information for any purpose outside of the CFSRB’s proceedings, except with an order of the Court or the CFSRB, as appropriate.