SB v. Windsor-Essex Children’s Aid Society, 2025 CFSRB 2

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

SB

Applicant

-and-

Windsor-Essex Children’s Aid Society

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: January 07, 2025

Citation: 2025 CFSRB 2

Indexed As: SB v Windsor-Essex Children’s Aid Society (CYFSA s.120)

WRITTEN SUBMISSIONS

Windsor-Essex Children’s Aid Society, Respondent

Natalia Peart, Counsel

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, SO 2017, c.14, Sched.1 (the “Act”).

2On September 13, 2024, the CFSRB found that all issues except one were outside the CFSRB’s jurisdiction: SB v. Windsor Essex Children’s Aid Society, 2024 CFSRB 95.

3In a subsequent Case Management Direction (“CMD”), the CFSRB directed a written hearing on the remaining issue. The CMD was sent to the email address which the Applicant had been using to correspond with the CFSRB. It was not returned as undeliverable. I am satisfied that the Applicant received the CMD.

4The Respondent filed material for the written hearing. The Applicant did not. I have reviewed the Application, the Response, and the material submitted by the Respondent for the written hearing.

ISSUES

5The issue is:

Did the Respondent provide the Applicant with written reasons for why a scheduled meeting between the Applicant and other parties scheduled for April 23, 2024 was cancelled?

RESULT

6I find that there was no meeting scheduled for April 23, 2024 and then cancelled. A meeting was scheduled for April 25, 2024. When the Respondent contacted the Applicant by telephone to start that meeting, the Applicant hung up. There is accordingly no decision made by the Respondent regarding the alleged cancellation of a meeting which requires reasons. The Application is dismissed.

ANALYSIS

7The Respondent states that, following a series of emails between it and the Applicant, a meeting was scheduled for April 25, 2024. Although both the Applicant and the Respondent had suggested potential meeting times on April 23, 2024, their availability on that date did not overlap. Thus, a meeting was scheduled for April 25, 2024 instead of April 23, 2024.

8The meeting was to be attended by the Applicant, the Six Nations of the Grand River Band Representative, and two Respondent staff. On April 24, 2024, the Applicant wrote to the Respondent with concerns about the Band Representative who was a different Band Representative than the one the Applicant had expected to participate in the meeting. The selection of Band Representative was the responsibility of the Band rather than the Respondent.

9At the scheduled time on April 25, 2024, the Family Service Worker called the Applicant. The Respondent states:

[The Applicant] answered the phone and stated “hello.” When [the Family Service Worker] identified herself, [the Applicant] hung up the phone. Subsequent phone calls were made to [the Applicant], however, there was no answer.

10The Applicant has not submitted any evidence to contradict the Respondent’s evidence that the meeting was scheduled for April 25, 2024 rather than April 23, 2024. Nor has the Applicant challenged the Respondent’s evidence that he refused to participate in the meeting because he had concerns about the Band Representative. I accept the Respondent’s uncontradicted evidence about both the date of the meeting and the Applicant’s non-participation.

11I find that the reason the scheduled meeting did not proceed was because the Applicant hung up the phone and failed to answer subsequent phone calls. There is accordingly no decision made by the Respondent for which the Act requires the Respondent to provide reasons and the Application must be dismissed.

ORDER

12The Application is dismissed.

CONFIDENTIALITY ORDER

13Pursuant 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.