CR v. Bruce Grey Child & Family Services, 2024 ONCFSRB 18

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

CR Applicant

-and-

Bruce Grey Child & Family Services Respondent

DECISION

Adjudicator: Christina Budweth Date: February 20, 2024 Citation: 2024 CFSRB 18 Indexed As: CR v Bruce Grey Child & Family Services (CYFSA s.120)

WRITTEN SUBMISSIONS

CR, Applicant Self-represented

Grey Bruce Child & Family Services, Respondent Ali Mirza, Counsel

Introduction

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”).

2Among several issues articulated in the Application, the Applicant expressed concern about inaccuracies contained in the Respondent’s file regarding the Applicant and his inability to correct those inaccuracies.

background

3The Application was resolved through mediation by way of a Settlement Agreement (“the Agreement”) on November 16, 2023.

4The Agreement was attached as Schedule B to the CFSRB’s Pre-Hearing/Mediation Report provided to the parties.

5The Agreement stated that the parties were to fulfill their obligations under the Agreement on or before December 15, 2023.

6There were two terms in the Agreement, there was no allegation that the second term was unfulfilled. This term required the Respondent to interview an individual identified by the Applicant.

7Term one of the Agreement provided, in part, that the Applicant provide the Respondent with “a concise Statement of Disagreement (“Statement”) regarding misinformation alleged to be contained in the respondent’s file regarding the Applicant about the four issues that the Applicant has identified as being of concern.”

8Specifically, the four issues were: “the witness statement of Sidney, The Applicant’s roommate; the statements that the Applicant is coaching Parker to be alienated from her mother; the Respondent’s employees notes that Parker is afraid of her mother; and, the witness statement of Dolores who resides with Parker’s mother.”

9The Applicant provided a 25-page Statement dated December 15, 2023, to the Respondent. It included a Table of Contents and concluded with a two-page list of “Other Authorities cited”. The Table of Contents includes such headings as “Statutory duties of a Society”, “Failure to provide critical services”, and “Unlawful delegation of judicial functions to BGCFS”. The CFSRB received a copy of the Statement from the Respondent.

10By email dated December 20, 2023, the Respondent informed the CFSRB that it had complied with its obligation under item two of Agreement. It further informed the Board that it took the position that the Applicant’s Statement did not comply with the Agreement. The Respondent provided the opportunity for the Applicant to revise his Statement in a manner that was focused and limited to the issues identified in the Agreement. The Applicant did not do so.

11By Case Management Direction dated January 10, 2024 (“January 10, 2024 CMD”) the CFSRB directed the Applicant to respond in writing to the Respondent’s allegations of non-compliance by no later than January 19, 2024.

12The January 10, 2024 CMD also informed the parties that “upon reviewing the response provided by the Applicant, the CFSRB will determine whether any oral submissions are required or whether the issue of non-compliance can be decided on the basis of the written material”, in accordance with Rule 8 of the CFSRB’s Rules of Procedure.

13The Applicant did not respond to the CFSRB as directed in the January 10, 2024 CMD.

14Having considered to the factors set out in Rule 8 of the CSFRB’s Rules of Procedure I have concluded that it is fair, cost efficient, expeditious and consistent with the Board’s mandate to hold this hearing in writing.

analysis

15The ordinary meaning of “concise” is generally taken to include “brief” “clear” and “in a few words”. The Applicant’s 25-page Statement is not concise. It contains a Table of Contents and many sections detailing the Applicant’s concern with the alleged breach of various statutory obligations of the Respondent this further supports the Respondent’s submission that the Statement does not comply with the terms of the Agreement.

16The Applicant did not take the opportunity to revise his Statement in response to the Respondent’s December 20, 2023 email. Further, he did not comply with the CFSRBs direction to respond to the Respondent’s allegation of non-compliance.

17I find that the Applicant’s Statement in not in compliance with the Mediated Agreement; therefore, the Respondent is not required to comply with the terms of the Agreement that require the Respondent make the Statement a part of its files.

order

18The Respondent is not required to add the Applicant’s Statement to the Applicant’s file with the Respondent. Thus, all further conditions as part of Term One of the Agreement related to the Applicant’s Statement are irrelevant and quashed.

19The CSFRB file is now closed.

confidentiality order

20Pursuant 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.