CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

CH Applicant

-and-

Bruce Grey Child and Family Services Respondent

DECISION

Adjudicator: Daniel McSweeney Date: June 23, 2023 Citation: 2023 CFSRB 51 Indexed As: CH v Bruce Grey Child and Family Services (CYFSA s.120)

INTRODUCTION

INTRODUCTION

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

2This decision explains why the CFSRB is dismissing the Application.

BACKGROUND

BACKGROUND

3The CFSRB found the Application eligible to proceed under sections 120(4)4 and 120(4)5 of the Act.

4A Zoom hearing is scheduled in this matter for June 27, 2023; from 9 – 5 p.m. The Applicant did not have access to a computer, so the CFSRB arranged for him to participate in the hearing from a Mobile Access Terminal (MAT) in Owen Sound.

5On June 19, 2023, the Applicant called the Case Processing Officer (CPO) and requested that he attend the hearing by telephone rather than by Zoom. The Applicant was asked to re-send his request in writing. The Applicant sent the CPO the following:

“I do not live in town my employment is out of town and as well as i am ‘its almost a half hour drive to the closest town i cantlose another job due to these matters , i can only call for the hearing”.

6In a Case Management Direction (CMD) dated June 20, 2023, I dismissed the Applicant’s request to participate in the hearing by telephone and found that the hearing would continue by Zoom on June 27, 2023, for the following reasons.

7The Applicant is his primary witness and will be actively involved throughout the proceedings in questioning witnesses and in delivering final submissions. Having the Applicant testify and question witnesses by telephone is not consistent with an effective

hearing. Being able to see the Applicant is essential to the effective management of the hearing process and contributes to fairness for the parties and witnesses.

8Holding hearings by video-conference is consistent with Tribunal Ontario’s Digital First Strategy. The Applicant has been accommodated through access to a MAT.

9When individuals file 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, school, and work commitments may need to be rearranged so that an applicant can fully participate in the process.

10In the Applicant’s case, while he has concerns regarding his employment, he agreed with the expectation that a full day hearing would be held on June 27, 2023. His access to technology concerns have been accommodated through the MAT. Having a full day hearing with the Applicant on the phone would not be the most effective and efficient process. In addition, for the member and the parties not to be able to see the Applicant when he is testifying, and questioning witnesses would not be fair to the witnesses and the Respondent.

11In the CMD of June 20, 2023, the Applicant was given until noon on Friday, June 23, 2023, to inform the CFSRB of whether he would participate in the hearing by Zoom on June 27, 2023. The Applicant was informed in the CMD that his Application may be dismissed as abandoned if the CFSRB did not hear from the Applicant by noon on June 23, 2023.

ANALYSIS

ANALYSIS

12The Applicant has failed to communicate with the CFSRB regarding his intention to participate in the hearing by Zoom by the deadline of noon on June 23, 2023.

13I note that this is not the first time that the Applicant has failed to communicate with the CFSRB. The Applicant failed to attend a Pre-Hearing/Mediation on February 28, 2023.

14In a CMD dated March 14, 2023, the Applicant was reminded that family, school, and work commitments may need to be arranged so that an applicant can participate in the complaint process, including attending scheduled teleconferences.

15The Applicant also failed to file any documents upon which he would rely at the hearing by the deadline of June 19, 2023.

16The CFSRB has made arrangements to accommodate the Applicant’s technological challenges through access to a MAT consistent with Tribunal Ontario’s digital first strategy.

17Given the Applicant’s failure to communicate his intention to proceed with the Zoom hearing, I conclude that the Applicant has abandoned the Application. Accordingly, it must be dismissed.

ORDER

ORDER

18The Application is dismissed.

CONFIDENTIALITY ORDER

CONFIDENTIALITY ORDER

19Pursuant 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 on-line. 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.