DR v. Family and Children’s Services of St. Thomas and Elgin County, 2025 ONCFSRB 44

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

DR

Applicant

-and-

Family and Children’s Services of St. Thomas and Elgin County

Respondent

DECISION

Adjudicator: Caroline Sand

Date: April 04, 2025

Citation: 2025 CFSRB 44

Indexed As: DR v Family and Children’s Services of St. Thomas and Elgin County (CYFSA s.120)

OVERVIEW

1This is an Application filed under section 120 of the Child and Family Services Act, 2017, S.O. 2017, ch.14, Sched.1 (the “Act”).

2The Applicant alleges the Respondent refused to proceed with his Internal Complaints Review Panel (“ICRP”) request filed on March 14, 2025. The ICRP request relates to the Respondent’s alleged refusal to disclose a file to the Applicant.

3On March 12, 2025, the CFSRB determined that a previously filed application, CA25-0049, was ineligible for review. The reasons it was found to be ineligible were because the Applicant had not attached the requisite form for filing a formal complaint to the Respondent pursuant to regulation, and moreover because the CFSRB does not have jurisdiction over issues related to the collection, use and disclosure of personal information.

4The Applicant had previously filed an application on March 6, 2025, that was deemed eligible for review, CA25-0048. That application is currently an open file with the CFSRB and alleges that the Respondent refused to proceed with the Applicant’s ICRP request.

5This Decision explains why this Application in not eligible for review by the CFSRB.

ANALYSIS

6In paragraph 6 of the Application, that asks an applicant to outline why they are applying to the CFSRB, the Applicant checked the boxes indicating that the Respondent did not give him a chance to be heard when he raised his concerns, that the Respondent did not give him reasons for its decisions that affect his interests, and the Respondent refused to proceed with the Applicant’s ICRP complaint and related processes and timelines.

7In the narrative portion of paragraph 6, and the Applicant’s Formal Complaint to a Society’s Internal Complaints Review Panel attached to the Application, the Applicant only identifies that the Respondent has allegedly not proceeded with the Applicant’s ICRP request, the substance of which has to do with the disclosure of records.

8At paragraph 4 of the Application, the Applicant does not name any children affected by the Application. The checked boxes relating to being heard and affected by decisions appear to relate to the Respondent allegedly not proceeding with the Applicant’s ICRP request.

9As set out in the CFSRB’s decision of March 12, 2025 related to file CA25-0049, the CFSRB does not have jurisdiction over issues related to the collection, use and disclosure of personal information. Under Part X of the Act, the Information and Privacy Commissioner of Ontario has that jurisdiction.

Rule A(8) of the CFSRB’s Rules of Procedure

10This is the Applicant’s fifth application filed within a short period.

11I turn the Applicant’s attention to Rule A(8) of the CFSRB’s Rules of Procedure which sets out:

A8.1 The tribunal may make such orders or give such directions in proceedings before it as it considers proper to prevent abuse of its processes.

A8.2 Where the tribunal finds that a person has persistently instituted vexatious proceedings or conducted a proceeding in a vexatious manner, the tribunal may find that person to be a vexatious litigant and dismiss the proceeding as an abuse of process for that reason. It may also require a person found to be a vexatious litigant to obtain permission from the tribunal to commence further proceedings or take further steps in a proceeding.

12The CFSRB has limited resources, as does the Respondent. The CFSRB may require the Applicant to obtain permission from the tribunal to commence further proceedings if he continues to file applications that are not within the CFSRB’s jurisdiction to review.

ORDER

13The Application is dismissed.

confidentiality order

14Pursuant 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.