CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
SK Applicant
-and-
London Middlesex Children’s Aid Society Respondent
DECISION
Adjudicator: Judy Finlay
Indexed As: SK v London Middlesex Children’s Aid Society (CYFSA s.120)
APPEARANCES
SK, Applicant
Yvonne Lunham (Band Rep)
London-Middlesex CAS, Respondent
Wanda Velman (Senior Director of Service)
Randy Hammond Counsel
background
1A mediation took place by teleconference on August 7, 2020 between the Applicant and the Respondent facilitated by a Board member. The Applicant brought her complaint forward to the CFSRB because she believed that the Respondent was not responsive to the conflict of interest circumstances she had reported and its impact on her personal and professional life. A settlement agreement was reached which had an implementation date of August 24, 2020 and a non-compliance date of August 31, 2020.
2The Case Processing Officer informed the Applicant that the case was being closed on August 31, 2020. On September 2, 2020, the Applicant wrote to the CFSRB alleging that the Respondent was not compliant with the terms of the settlement agreement.
3In response to the allegation of noncompliance, the Respondent wrote to the Board on September 15, 2020 and apologized for having accidently lost sight of this file which had led to their delay in response to the term of the settlement agreement. They asked for an extension to complete the requirements of agreement. The Applicant responded to this correspondence stating, “I would consent to a new non-compliance date should the CFSRB agree. I would like it on record that it is very concerning that the Society neglected to follow up on a very reasonable settlement”. The Board agreed to an extension until October 1, 2020.
4Rule 8.1 of the CFSRB’s Rules of Procedure gives discretion to the CFSRB to adjudicate allegations of non-compliance orally or in writing. Given the circumstances of this case, the Board proceeded with written submissions regarding noncompliance of the terms of the settlement agreement.
ANALYSIS
5The Applicant stated that the respondent was not in compliance with the term of the settlement agreement as follows:
The Respondent agrees to provide in writing to the Applicant no later than August 24, 2020 a letter as follows:
The Respondent understands and acknowledges the conflict of interest (reported by the Applicant) as indicated by their correspondence to the Applicant on March 2, 2020. The Respondent also acknowledges that the process to resolve this issue was stressful to the Applicant because it impacted her personally and as she has indicated in her professional relationship with the Respondent. This letter will serve to reinforce a respectful professional relationship between the Applicant and the Respondent. The intention of both parties is to move forward in a respectful and collegial manner.
6The Respondent provided a letter to the Applicant on September 29, 2020 which followed the directions of the settlement agreement.
Decision
7For these reasons, the Board is satisfied that the Respondent was in compliance with the terms of the settlement agreement and the file is therefore closed.
confidentiality order
8Pursuant 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.
Dated at Toronto. November 17, 2020.
Judy Finlay
Judy Finlay
Member