E(T)K v. Family and Children’s Services of Guelph and Wellington County, 2024 CFSRB 16

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

E(T)K

Applicant

-and-

Family and Children’s Services of Guelph and Wellington County

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: February 14, 2024

Citation: 2024 CFSRB 16

Indexed As: E(T)K v Family and Children’s Services of Guelph and Wellington County (CYFSA s.120)

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

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

4On January 26, 2024, the parties attended a Pre-Hearing/Mediation. A January 30, 2024 Pre-Hearing/Mediation Report noted that a further Pre-Hearing would be held on February 8, 2024, one of the dates provided by both parties. The CFSRB then issued a Notice of Pre-Hearing confirming the February 8, 2024 date. The Pre-Hearing/Mediation Report and the Notice of Pre-Hearing were sent to the email address the Applicant had provided to the CFSRB and were not returned as undeliverable.

5The Applicant did not attend the February 8, 2024 Pre-Hearing nor did they contact the CFSRB to ask for an adjournment. The Pre-Hearing videoconference was kept open for half an hour in case the Applicant was simply delayed. They did not join at any time during that half hour.

6On February 8, 2024, the CFSRB issued a Case Management Direction (“CMD”) directing the Applicant to explain their absence from the Pre-Hearing and confirm whether they wished to proceed with the Application. The CMD warned that if the Applicant did not provide the required information by February 12, 2024, the Application may be dismissed as abandoned.

7The Applicant did not contact the CFSRB by February 12, 2024 or at any time up to today.

ANALYSIS

8The Applicant stated at the January 25, 2024 Pre-Hearing/Mediation that they were available to attend a pre-hearing on February 8, 2024. The CFSRB confirmed that date in the January 30, 2024 Pre-Hearing/Mediation Report and in the Notice of Pre-Hearing. Both documents were sent to the Applicant at the email address they provided to the CFSRB and were not returned as undeliverable. I am satisfied that the Applicant had notice of the February 8, 2024 Pre-Hearing.

9The February 8, 2024 CMD was also sent to the email address provided by the Applicant and was not returned as undeliverable. I am satisfied that the Applicant received the CMD.

10The Applicant failed to attend a Pre-Hearing that was scheduled for a date on which they had advised the CFSRB they were available. The Applicant received two documents confirming the date of the Pre-Hearing. They failed to attend the Pre-Hearing or provide any reason for their non-attendance. Despite being warned in the February 8, 2024 CMD that failure to communicate with the CFSRB could lead to the dismissal of the Application, the Applicant has not communicated with the CFSRB at any time between February 8, 2024 and today’s date

11I conclude that the Applicant has abandoned the Application. Accordingly, it must be dismissed.

ORDER

12The Application is dismissed.

CONFIDENTIALITY ORDER

13Pursuant 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.