NR v. The Children’s Aid Society of the District of Nipissing and Parry Sound, 2024 CFSRB 58

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

NR Applicant

-and-

The Children’s Aid Society of the District of Nipissing and Parry Sound Respondent

DECISION

Adjudicator: Tamara Jordan Date: May 13, 2024 Citation: 2024 CFSRB 58 Indexed As: NR v The Children’s Aid Society of the District of Nipissing and Parry Sound (CYFSA s.120)

OVERVIEW

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”).

ISSUE

2The issue is:

a. Is the Application eligible for review by the CFSRB?

RESULT

3The CFSRB finds that the Application is not eligible for review.

ANALYSIS

4The Applicant’s complaint relates to the custody of the Applicant’s child and the Respondent’s withdrawal of a motion before the Court. These are matters within the Court’s purview and the CFSRB has no jurisdiction to hear complaints about them.

5Under subsection 120(8)(a) of the Act the CFSRB shall not conduct a review of a complaint under this section if the subject of the complaint is an issue that has been decided by the Court or is before the Court.

6The Court of Appeal for Ontario ruled in Children’s Aid Society of Waterloo v. DD, 2011 ONCA 411 at paragraph 35, that the mere existence of a court proceeding does not automatically bar the CFSRB from reviewing a complaint about services an individual has received from a children’s aid society if the complaints are “separate and different from the substantive issues before the court”.

7The Applicant has not presented any complaints in the Application that are separate and distinct from substantive issues before the Court.

ORDER

8The Application is dismissed.

CONFIDENTIALITY ORDER

9Pursuant 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.