FD v. Catholic Children’s Aid Society of Toronto, 2022 ONCFSRB 26

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

FD Applicant

-and-

Catholic Children’s Aid Society of Toronto Respondent

DECISION

Adjudicator: Malcolm M. MacFarlane Date: May 30, 2022 Citation: 2022 CFSRB 26 Indexed As: FD v Catholic Children’s Aid Society of Toronto (CYFSA s.120)

APPEARANCES

FD, Applicant Self-represented

Catholic Children’s Aid Society of Toronto, Respondent Rachel Buhler, 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, S.O. 2017, c.14, Sched.1, (the “Act”).

background

2The CFSRB found the Application eligible to proceed under sections 120(4)4 and 120(4)5 of the Act on February 22, 2022.

3At the Pre-Hearing on March 22, 2022 (held by teleconference), the parties reached a settlement through mediation. Any allegation of non-compliance with the Settlement Agreement was to be provided to the CFSRB in writing by April 19, 2022.

4On April 19, 2022, the Applicant emailed the CFSRB alleging non-compliance.

5On April 20, the Applicant indicated in an email that further concerns had arisen since the negotiation of the Settlement Agreement, and that he was not satisfied with how the Society had addressed those concerns.

6On April 28, 2022, the Society provided the CFSRB with a response to the Applicant’s allegations of noncompliance with the Settlement Agreement.

7On May 4, 2022, the Parties were provided notice by CFSRB of a Compliance Hearing scheduled by teleconference for May 19, 2022.

8On May 19, 2022, a Compliance Hearing was held with the Parties.

9In the Compliance Hearing, the Applicant was advised that new concerns identified in his email to the CFSRB of April 20, 2022 were beyond the scope of the Compliance Hearing and that the compliance hearing would need to remain focused on whether or not the terms of the Settlement Agreement had been met.

10The Applicant expressed his view that continuing with the Compliance Hearing was a “waste of time.”

11The Applicant was offered the opportunity to review the terms of the Settlement Agreement on a paragraph-by-paragraph basis to determine whether there was compliance with the agreement. The Applicant declined to proceed with this process.

12The Applicant was asked if he wished to proceed with the Compliance Hearing. The Applicant indicated that he did not wish to proceed further with the hearing and would withdraw his application.

order

13The file is closed as settled in accordance with the March 22, 2022 settlement agreement.

confidentiality order

14Pursuant 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.