CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
CG
Applicant
-and-
Family and Children’s Services of Lanark, Leeds and Grenville
Respondent
DECISION
Adjudicator: Caroline Sand
Indexed As: CG v Family and Children’s Services of Lanark, Leeds and Grenville (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 has not responded to the CFSRB’s directions since she asked the CFSRB how to withdraw her Application
4At a pre-hearing on October 29, 2024, the CFSRB directed the Applicant to provide to the CFSRB and the Respondent, written particulars of her allegations regarding the issues in dispute by November 25, 2024. A Case Management Direction (“CMD”) dated October 30, 2024, confirmed this direction.
5The Respondent raised the question of the CFSRB’s jurisdiction to review the Application at the pre-hearing. The October 30, 2024, CMD further directed the Applicant to provide submissions regarding whether the issues raised in the Application are before the court.
6On November 20, 2024, the Applicant wrote to the CFSRB saying “I would like to withdraw from this how do I do this?” The CFSRB Case Processing Officer advised the Applicant to copy the Respondent on an email that states her desire to withdraw the Application.
7The CFSRB received no further emails from the Applicant confirming her wish to withdraw her Application and copying the Respondent.
8The CFSRB did not receive the written particulars from the Applicant that were due on November 25, 2024, either.
9In a CMD dated December 2, 2024, the CFSRB directed the Applicant to advise the CFSRB and the Respondent in writing by December 9, 2024, if she intends to withdraw the Application. The CMD also directed the Applicant to provide her written particulars if she intended to proceed with her Application.
10The December 2, 2024 CMD stated that if the CFSRB does not hear from the Applicant regarding her intentions by December 9, 2024, the Application may be considered abandoned.
11The December 2, 2024 CMD was sent to the email address provided by the Applicant and was not returned as undeliverable. I conclude that she received the CMD.
12The Applicant did not contact the CFSRB by December 9, 2024, or at any time up to today. I conclude that she has abandoned her Application and it must be dismissed.
ORDER
13The Application is dismissed.
confidentiality order
14Pursuant 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.
Dated at Toronto, December 12, 2024.
Caroline Sand
Caroline Sand
Vice-Chair