JQ v. Children’s Aid Society of the Districts of Sudbury and Manitoulin, 2024 ONCFSRB 56

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

JQ Applicant

-and-

Children’s Aid Society of the Districts of Sudbury and Manitoulin Respondent

DECISION

Adjudicator: Catherine Bickley Date: May 10, 2024 Citation: 2024 CFSRB 56 Indexed As: JQ v Children’s Aid Society of the Districts of Sudbury and Manitoulin (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.

It would be an abuse of process for the application to proceed

3Rule A8 of the CFSRB’s Rules of Procedure gives the CFSRB the authority to make such orders “in proceedings before it as it considers proper to prevent abuse of its processes.” Having reviewed the history of the Applicant’s actions during this proceeding, I conclude that it would be an abuse of process for the Application to proceed.

4The Applicant has failed to attend three scheduled Pre-Hearing/Mediations (“PH/Ms”). In each case she has given no notice or very late notice of her intention not to attend.

5The first PH/M was scheduled to start at 9:30 a.m. on November 24, 2023. At 6:46 a.m. the Applicant emailed the CFSRB and the Respondent stating that she was dealing with “some personal emergency issues.” The second PH/M was scheduled to start at 9:30 a.m. At 8:36 a.m. the Applicant emailed the CFSRB stating that she had to reschedule or cancel the event “due to many many reason (sic).”

6In response to the CFSRB asking the Applicant whether she needed any accommodation, she requested that a support person be able to attend with her. The CFSRB confirmed to the Applicant that she was welcome to have a support person attend any CFSRB event.

7On March 14, 2024, the Applicant not only failed to attend a third scheduled PH/M, she also failed to tell the CFSRB or the Respondent that she would not be attending. Attempts to reach the Applicant by phone and email that day were unsuccessful.

8The Applicant provided two reasons for not attending the March 14, 2024 event. First, that she has inconsistent access to the internet. Second, that her mother, who has discretion over when the Applicant has access with her children, scheduled a visit for the same day as the March 14, 2024 Pre-Hearing. The Applicant stated “as I had not seen them all march break I felt obligated to take my visit over the hearing.” The Applicant acknowledged that her failure to attend wasted other participants’ time.

9Although the Applicant knew in advance that she was not going to attend the March 14, 2024 Pre-Hearing, she did not let the CFSRB or the Respondent know. With respect to her inconsistent internet access, the Applicant could have taken advantage of Tribunals Ontario programs which provide applicants with additional phone minutes, access to reliable internet, and technical support. She did not do so.

10When an individual files an application with the CFSRB, they start a process which engages the resources of not only the Respondent but also the CFSRB. It is important that applications proceed in a timely manner. When circumstances make it necessary for a participant to request an event be rescheduled, the onus is on that individual to make a timely request for rescheduling.

11Three different times, a CFSRB adjudicator, Respondent counsel and two senior Respondent staff set aside the day to attend a PH/M to deal with the concerns expressed by the Applicant in her Application. Three times, the Applicant either provided very late notice or no notice that she would not be attending, thus making it impossible for the CFSRB and the Respondent to schedule other events for those days. In addition, the Applicant’s support person, a busy professional, set aside the day to attend the third PH/M.

12Adjudicative resources at the CFSRB are limited. The Applicant’s failure to advise in advance that she was not going to attend each of the three PH/Ms negatively impacted other applicants who could have had their matters scheduled on those dates.

13I agree with the Respondent that the Applicant’s repeated failure to attend scheduled events and her actions in not warning of her non-attendance until shortly before or after the event amounts to an abuse of process. Accordingly, the Application must be dismissed.

ORDER

14The Application is dismissed.

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 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.