MS v. Kina Gbezhgami Child and Family Services, 2024 CFSRB 116

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MS Applicant

-and-

Kina Gbezhgami Child and Family Services Respondent

DECISION

Adjudicator: Karynn von Cramon Date: October 25, 2024 Citation: 2024 CFSRB 116 Indexed As: MS v Kina Gbezhgami Child and Family Services (CYFSA s.120)

APPEARANCES

MS, Applicant No one appearing

Kina Gbezhgami Child and Family Services J. Rachelle Philippe, Legal Counsel

OVERVIEW

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”).

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

3The Application consists of the following complaints:

The Applicant alleges that the Respondent has not heard the Applicant’s concerns or provided reasons for decisions made by the Respondent relating to the following issues:

• The Respondent’s foster parents waiting 4 days before seeking medical treatment for the Applicant’s son;

• The Respondent’s alleged failure to provide the Applicant with transportation or accommodation in order for her to visit her son at Sick Kids in Toronto and not reimbursing her for the expenses she incurred to do so;

• The Respondent’s alleged failure to provide the Applicant with her son’s death certificate, hospital notes and records, and the coroner’s report;

• The Respondent’s alleged failure to provide the Applicant with her son’s handprint, schoolwork, and belongings;

• The Respondent’s decision to not arrange for access between the Applicant and her son over Christmas in 2023; and

• The Respondent’s decision to allow a sibling visit in hospital, without safeguards requested by the Applicant.

4On August 2, 2024, the CFSRB scheduled a pre-hearing videoconference in this Application for August 28, 2024, commencing at 9:30 a.m.

5On September 4, 2024, the CFSRB re-scheduled the pre-hearing videoconference to September 19, 2024, commencing at 9:30 a.m.

6On October 2, 2024, the CFSRB re-scheduled the pre-hearing videoconference to October 22, 2024, commencing at 9:30 a.m.

ISSUE

7The issue is:

a. Should the Application be dismissed as abandoned?

RESULT

8The Application is dismissed as abandoned.

ANALYSIS

The Applicant Was Unable to Participate in the August 28, 2024, Pre-Hearing

9The CFSRB scheduled the pre-hearing in this Application for August 28, 2024. The Applicant was unable to participate meaningfully and privately because she was on her way to an appointment. She requested that the pre-hearing be rescheduled. The CFSRB adjourned the pre-hearing to September 19, 2024, a date agreeable to the parties.

The Applicant Did Not Attend the September 19, 2024, Pre-Hearing

10The Applicant did not attend the pre-hearing adjourned to September 19, 2024, at 9:30 a.m. The CFSRB emailed and telephoned the Applicant but was unable to reach her. The Applicant did not attend after 30 minutes.

11Given the Applicant’s inability to participate in the pre-hearing scheduled for August 28, 2024, and her failure to attend the September 19, 2024, pre-hearing, the Respondent asked that the Application be dismissed. The CFSRB reserved its decision whether to dismiss the Application pending hearing from the Applicant.

12At approximately 3:20 p.m. on September 19, 2024, in response to the CFSRB’s email that morning, the Applicant emailed the CFSRB stating, “Omg I just seen this email. Totally forgot about our hearing this morning. I been having a Really hard time since my son died. Would it be possible to get a reminder phone call if we can reschedule?”.

13In the Pre-hearing Report dated September 23, 2024, the CFSRB directed the Applicant to email the CFSRB no later than September 26, 2024, confirming whether she sought to reschedule the pre-hearing and providing dates she would be available for a rescheduled pre-hearing conference. On September 24, 2024, the Applicant provided her availability. The pre-hearing was rescheduled to October 22, 2024 at 9:30 a.m.

The Applicant Did Not Attend the October 22, 2024, Pre-Hearing

14In its Notice of Videoconference sent to the parties on October 2, 2024 (and as it had done previously with Notices sent to the parties before the August 28 and September 19, 2024, pre-hearing dates), the parties were cautioned as follows:

All parties are expected to attend and participate in the pre-hearing…If a party does not attend the pre-hearing after receiving notice, it may proceed in their absence. If the Applicant does not attend after receiving notice, the Application may be dismissed as abandoned.

15On October 21, 2024, at 1:38 p.m. the CFSRB sent an e-mail to the Applicant reminding her that the pre-hearing was scheduled for October 22, 2024, at 9:30 a.m. and asking her to confirm her attendance. She did not reply.

16As the Applicant was not present at the start of the pre-hearing on October 22, 2024, at 9:36 a.m., the CFSRB called the Applicant but there was no answer. The CFSRB was unable to leave a voice mail because her voice mailbox was full. The CFSRB then e-mailed the Applicant at 9:38 a.m. and informed her that the pre-hearing was scheduled for 9:30 a.m. and asked her to advise if they would be joining. The CFSRB called the Applicant again at 9:39 a.m. but was unable to leave a message as the Applicant’s voice mailbox remained full.

17After waiting 15 minutes for the Applicant, the CFSRB invited the Respondent to make submissions relating to the Applicant’s failure to attend the pre-hearing. The Respondent sought that the Application be dismissed. The CFSRB reserved its decision to dismiss the Application pending hearing from the Applicant and the pre-hearing was concluded at 9:48 a.m.

18The Applicant emailed the CFSRB at 2:29 p.m. on October 22, 2024, stating, “I forgot again. I’m just gunna cancel it. Screw it. I’ll take them to court.”

19The CFSRB has adjourned the prehearing twice to accommodate the Applicant and has provided her with notice on three occasions that the Application may be dismissed should she fail to participate or respond to the CFSRB. The Applicant’s correspondence on October 22, 2024, suggests that the Applicant is not interested in continuing her Application.

20I conclude that the Applicant has abandoned her Application.

ORDER

21The Application is dismissed as abandoned.

CONFIDENTIALITY ORDER

22Pursuant 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.