DM v. Children's Aid Society of London & Middlesex, 2024 CFSRB 134

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

DM Applicant

-and-

Children’s Aid Society of London & Middlesex Respondent

DECISION

Adjudicator: Caroline Sand Date: November 20, 2024 Citation: 2024 CFSRB 134 Indexed As: DM v Children’s Aid Society of London & Middlesex (CYFSA s.120)

Introduction

1This is an Application filed under section 120 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the “Act”).

ISSUE

2Has the Applicant abandoned the Application?

RESULT

3The Applicant has abandoned the Application and it must be dismissed.

ANALYSIS

The Applicant did not attend the November 5, 2024 Pre-Hearing/Mediation

4On November 5, 2024, the Applicant was not present at the scheduled start time of 9:30 a.m. Shortly after 9:30 a.m., a CFSRB Case Processing Officer emailed the Applicant and requested that he attend the pre-hearing. The Applicant did not join. The CFSRB Case Processing Officer confirmed that the email communications to the Applicant, including the Notice of Pre-Hearing Mediation sent on October 22, 2024, were not returned as undeliverable.

5The Respondent, who attended the pre-hearing meeting as scheduled, advised the adjudicator that the Applicant had entered into a Voluntary Youth Service Agreement with the Respondent within the previous two weeks.

6The Applicant did not contact the CFSRB following his non-attendance at the pre-hearing to describe any technical difficulties or other circumstances that prevented his attendance. I conclude that he chose not to attend.

The Applicant did not respond to the November 5, 2024 Pre-Hearing/Mediation Report

7On November 5, 2024, the CFSRB issued a Pre-Hearing/Mediation Report which directed the Applicant to tell the CFSRB by no later than November 13, 2024, why he did not attend the pre-hearing, and to confirm whether he wished to proceed with his Application.

8In the Pre-Hearing/Mediation Report, the CFSRB provided notice to the Applicant that if he did not contact the CFSRB by November 13, 2024, the Application may be dismissed as abandoned.

9The Pre-Hearing/Mediation Report was sent to the email address provided by the Applicant and was not returned as undeliverable. I conclude that he received the Report.

10The Applicant did not contact the CFSRB by November 13, 2024, or at any time up to today. I conclude that he has abandoned his Application and it must be dismissed.

ORDER

11The Application is dismissed.

CONFIDENTIALITY ORDER

12Pursuant 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.