DW v. Children’s Aid Society of Oxford County, 2025 CFSRB 16

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

DW Applicant

-and-

Children’s Aid Society of Oxford County Respondent

DECISION

Adjudicator: Sonya Vellenga Date: February 11, 2025 Citation: 2025 CFSRB 16 Indexed As: DW v Children’s Aid Society of Oxford County (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”).

2The CFSRB found the Application eligible to proceed under section 120(4)4 of the Act.

3The Application consists of the following complaint:

The Applicant alleges that the Respondent did not give the Applicant a chance to be heard when she raised concerns regarding the physical and medical care of her child while in foster care.

4On January 15, 2025, the CFSRB scheduled a pre-hearing videoconference in this Application for February 5, 2025, commencing at 9:30 a.m.

ISSUE

5The issue is:

a. Should the Application be dismissed as abandoned?

RESULT

6The Application is dismissed as abandoned.

ANALYSIS

The Applicant Did Not Attend the February 5, 2025, Pre-Hearing

7The Pre-Hearing was originally scheduled for January 22, 2025. On January 13, 2025, the CFSRB sent the parties the Notice of Video Conference Pre-Hearing. In this email the parties were instructed as follows:

“If a party wishes to request to reschedule the pre-hearing, a request can be made in accordance with the Practice Direction on Scheduling Pre-Hearing/Mediations and Hearings, Rescheduling Requests and Adjournment Requests, which may be found on our website at tribunalsontario.ca/cfsrb”.

8On January 14, 2025, the Applicant sent an email to the CFSRB, copying the Respondent, seeking to reschedule the Pre-Hearing to February 5, 2025.

9The CFSRB rescheduled the Pre-Hearing to February 5, 2025.

10As part of the rescheduled Notice of Video Conference Pre-Hearing emailed to the parties on January 15, 2025, the parties were instructed as follows:

“All parties are expected to attend and participate in the pre-hearing…If a party does not attend the pre-hearing after receiving notice, it may proceed in their absence. If the Applicant does not attend after receiving notice, the Application may be dismissed as abandoned”.

11The rescheduled Notice of Video Conference Pre-Hearing was sent to the email on file for the Applicant and it did not bounce back as undeliverable.

12The Applicant was not present at the start of the Pre-Hearing on February 5, 2025. Between 9:35 a.m., and 9:45 a.m., the CFSRB called the Applicant five times. On one of these calls, the CFSRB left one voicemail asking the Applicant to join the Pre-Hearing.

13The Respondent Child Protection Worker informed me that they requested a colleague to call the Applicant and they confirmed that the Applicant was called and was left a voicemail asking her to join the Pre-Hearing. The Respondent Child Protection Worker also identified that a text was sent to the Applicant.

14After waiting 30 minutes for the Applicant, the CFSRB invited the Respondent to identify alternate dates on which Respondent representatives would be available should the Pre-Hearing be rescheduled. The Respondent provided one alternative date (February 27, 2025) and the pre-hearing was concluded at 10:00 am.

15On February 6, 2025, the CFSRB emailed a Pre-Hearing Report (“PHR”) to the parties. At paragraph 11 of the PHR, the Applicant was directed to email the CFSRB, copying the Respondent, by no later than Friday, February 7, 2025, at 4:00 p.m. confirming:

a. whether she seeks to reschedule the Pre-Hearing or withdraw the Application; and

b. all possible dates in the next three weeks she is available for a full-day Pre-Hearing video conference, should she be seeking to reschedule the Pre-Hearing.

16At paragraph 12 of the PHR, the CFSRB notified the Applicant:

Should the Applicant fail to confirm with the CFSRB the required information in paragraphs 11(a) and 11(b) above by Friday, February 7, 2025, at 4:00 p.m., the CFSRB may dismiss the Application.

17The email to the Applicant on February 6, 2025, containing the PHR was not returned as undeliverable.

18The Applicant did not attend the February 5, 2025, Pre-Hearing despite requesting on January 22, 2025, that the Pre-Hearing be rescheduled for February 5, 2025.

19The Applicant did not respond to the directions of the CFSRB set out in the PHR to contact the CFSRB with specific information by February 7, 2025.

20I conclude that the Applicant has abandoned her Application.

ORDER

21The Application is dismissed as abandoned.

confidentiality order

22Pursuant 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.