DC v. Highland Shores Children’s Aid Society, 2024 ONCFSRB 145

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

DC

Applicant

-and-

Highland Shores Children’s Aid Society

Respondent

INTERIM DECISION

Adjudicator: Pierre R. Lavigne

Date: December 03, 2024

Citation: 2024 CFSRB 145

Indexed As: DC v Highland Shores Children’s Aid Society (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 not abandoned the Application. The scheduled hearing of December 5, 2024 will proceed.

ANALYSIS

The Applicant did not respond to the Board’s Direction of November 27, 2024.

4On October 30, 2024 the Applicant attended a pre-hearing mediation to attempt to resolve the Applicant’s complaint(s). The mediation did not resolve the complaint(s). In the November 6, 2024, Pre-hearing Mediation Report the Applicant was required to file with the CFSRB, a copy of her witness list with a summary of what the witnesses plan to say on or before November 15, 2024.

5The Applicant did not file her witness list and witness summary by November 15, 2024..

6On November 20, 2024, the Respondent filed a request to dismiss the Application with the CFSRB, or for directions from the CFSRB, due to the Applicant’s failure to file a witness list, with a summary of the proposed testimony of each witness.

7On November 27, 2024, the CFSRB directed the Applicant as follows:

3The Applicant is to respond to the Respondent’s request to dismiss on or before Friday, November 29, 2024, at 3:00 p.m.

4The Applicant is to send an email to the Tribunal as well as the Respondent’s counsel at Ben-David.Ulster@casott.on.ca.

5The Applicant is to indicate if she intends to proceed with the Application or withdraw the claim.

6If the Applicant does not respond, the CFSRB may decide the Respondent’s request to dismiss based on the documents in the file or may dismiss the Application as abandoned.

8The Applicant did not contact the CFSRB by 3 p.m., November 29, 2024. I am informed by the case processing officer that the Applicant called the CFSRB at approximately 4pm, December 2, 2024 to indicate her dissatisfaction with certain matters. She did not indicate an intention to withdraw the claim.

ORDER

9The hearing of December 5, 2024 will proceed as scheduled.

10No witness, other than the Applicant, may testify in support of her complaints.

11The Applicant’s evidence will be limited to matters that have previously been raised in writing with the Respondent.

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.