TP v. Peel District School Board, 2024 CFSRB 88

Child and Family Services Review Board

Between:

TP Applicant

-and-

Peel District School Board Respondent

Decision

Adjudicator: Catherine Bickley Date: August 13, 2024 Citation: 2024 CFSRB 88 Indexed As: TP v Peel District School Board (Education Act s.311.7)

Introduction

1This is an Appeal of the decision of the Respondent to expel the Appellant’s child, PP, from the pupil’s school under section 311.7 of the Education Act, R.S.O. 1990, c.E.2.

Issue

2Has the Appellant abandoned the Appeal?

Result

3The Appellant has abandoned the Appeal and it must be dismissed.

Analysis

4The Respondent advised the CFSRB two days before a scheduled mediation that the matter had settled. The CFSRB emailed the Appellant requesting that she confirm in writing whether she intended to withdraw the Appeal or attend the scheduled mediation. The Appellant did not respond. Nor did she attend the mediation.

5On August 1, 2024, the CFSRB issued a Case Management Direction (“CMD”) directing the Appellant to advise by no later than August 7, 2024 whether she intended to proceed with, or withdraw, the Appeal. The CMD warned that if the Appellant did not communicate with the CFSRB by August 7, 2024, the Appeal may be dismissed as abandoned.

6The CMD was sent to the email address the Appellant has used in communicating with the CFSRB and was not returned as undeliverable. I conclude that the Appellant received the CMD.

7The Appellant did not contact the CFSRB by August 7, 2024 or at any time up to today. I conclude that she has abandoned her Appeal and it must be dismissed.

Order

8The Appeal 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 Appeal 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.