MA v. Peel Children's Aid Society, 2024 ONCFSRB 19

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MA

Applicant

-and-

Peel Children’s Aid Society

Respondent

DECISION

Adjudicator: Tamara Jordan

Date: February 22, 2024

Citation: 2024 CFSRB 19

Indexed As: MA v Peel Children’s Aid Society (CYFSA s.120)

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”).

2This decision explains why the Application is being dismissed.

background

3The Application was received by mail. The Applicant did not provide a phone, number, email address or street address for herself, as required under Part 1 of the Application. Instead, the Applicant listed contact information for Kas Marynick, a lawyer who she states she authorizes to act for her. The Applicant also provided Mr. Marynick’s contact information under Part 2 of the Application, where an Applicant’s “Representative Information” may be provided.

4In Part 4 of the Application, the Applicant names an adult son, AA, as the child affected by the Application. In Part 6 of the Application, where the Applicant is required to explain her complaint as specifically as possible, the Applicant describes AA’s health issues and at the end states, “CAS (Mississauga) negleced” [sic]. The Applicant attached two additional pages to the Application, including a one-page diagram of an unknown object and another page that further describes AA’s health issues.

5On January 30, 2024, the CFSRB emailed a Case Management Direction (“January 30, 2024 CMD”) to the Respondent and to the email address provided for Mr. Marynick. The Respondent confirmed receipt of the email and the email to Mr. Marynick was not returned as undeliverable.

6In its January 30, 2024 CMD, the CFSRB noted that it “cannot determine whether the Application is eligible for review without additional information” and provided the following directions at paragraphs 5 to 8:

5Mr. Marynick shall promptly confirm to the CFSRB whether he is acting for the Applicant in this proceeding. If he is not acting for the Applicant but has the Applicant’s contact information, he shall forward this Case Management Direction to the Applicant and advise the CFSRB that he has done so.

6The Applicant shall provide the CFSRB with her contact information.

7The Applicant or her representative shall explain her complaint against the Respondent. Specifically, what services has she sought or received from the Respondent? What concerns does she allege the Respondent did not hear? What are the decisions in relation to which she alleges the Respondent failed to provide her with reasons?

8If the CFSRB does not receive the information set out in paragraph 7 by February 12, 2024, the Application may be dismissed as abandoned.

analysis

7Under Rule 20.1 of the CFSRB’s Rules of Procedure, an application must contain relevant details in support of complaints against a children’s aid society to enable the CFSRB to decide whether it is eligibility for review.

8The Application does not describe or explain the Applicant’s complaint about the Respondent to enable the CFSRB to determine its eligibility.

9The CFSRB emailed its January 30, 2024 CMD to Mr. Marynick, the only contact listed on the Application, seeking additional information from the Applicant about her complaint. The Respondent was also a recipient of this email.

10I am satisfied that Mr. Marynick received the January 30, 2024 CMD by email as the Respondent confirmed it received the email and the email to Mr. Marynick was not returned as undeliverable.

11At paragraph 8 of the January 30, 2024 CMD, the CFSRB notified the Applicant that if the CFSRB did not receive the information set out in paragraph 7 by February 12, 2024 that the Application may be dismissed as abandoned.

12Neither the Applicant nor Mr. Marynick has contacted the CFSRB further to the January 30, 2024 CMD, emailed over three weeks ago to Mr. Marynick.

13I conclude that the Applicant has abandoned her Application.

order

14The Application is dismissed as abandoned.

confidentiality order

15Pursuant 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.