CW v. Family and Children’s Services of the Waterloo Region, 2022 CFSRB 36

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

CW

Applicant

-and-

Family and Children’s Services of the Waterloo Region

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: August 02, 2022

Citation: 2022 CFSRB 36

Indexed As: CW v Family and Children’s Services of the Waterloo Region (CYFSA s.120)

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”).

background

2The CFSRB found the Application eligible to proceed under section 120(4)5 of the Act.

3A Pre-Hearing was scheduled for July 7, 2022. Due to the unavailability of the parties for that date, the Pre-Hearing was rescheduled to July 22, 2022.

4On July 18, 2022, the Applicant wrote to the CFSRB and Respondent stating that after reading the Response she had decided not to attend the Pre-Hearing.

5The CFSRB wrote to the Applicant on the morning of July 19, 2022 asking her to confirm whether she was withdrawing the Application. The Applicant did not respond.

6The CFSRB then issued a Case Management Direction cancelling the July 22, 2022 Pre-Hearing and directing the Applicant to advise by no later than July 28, 2022 whether she was withdrawing the Application. The Case Management Direction warned the Applicant that if she did not communicate with the CFSRB by July 28, 2022 the Application may be dismissed as abandoned.

7The Case Management Direction was sent to the email address provided to the CFSRB by the Applicant and from which she had communicated with the CFSRB. The email did not bounce back.

ANALYSIS

8On July 18, 2022 the Applicant told the CFSRB that she had decided not to attend the Pre-Hearing scheduled for July 22, 2022.

9I am satisfied that the Applicant received the July 21, 2022 Case Management Direction as it was sent to the email address she had been using in communicating with the CFSRB and the email did not bounce back.

10The Applicant did not communicate with the CFSRB by the deadline of July 28, 2022.

11For these reasons, I conclude that the Applicant has abandoned the Application and the Application must be dismissed.

order

12The Application is dismissed.

confidentiality order

13Pursuant 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.