CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
RK Applicant
-and-
Simcoe Muskoka Child, Youth and Family Services Respondent
DECISION
Adjudicators: Donna A. Wowk Date: April 08, 2025 Citation: 2025 CFSRB 46 Indexed As: RK v Simcoe Muskoka Child, Youth and Family Services (CYFSA s.120)
APPEARANCES
RK, Applicant (Self-Represented) Simcoe Muskoka Child, Youth and Family Services, Respondent (Jeffrey Hustins, Counsel)
INTRODUCTION
1On November 24, 2024, the CFSRB issued a Decision following a written non-compliance hearing. It was the third non-compliance hearing held in this matter. The alleged non-compliance was in relation to the Settlement Agreement entered into by the parties at a Pre-Hearing held on August 15, 2023.
2The November 24, 2024 CFSRB Decision included an Order that the Respondent provide the Applicant with documents it listed by November 30, 2024 (“the Order”).
3The Applicant alleged that the Respondent was in breach of the Order. A fourth non-compliance hearing in this matter was held via videoconference on March 12, 2025.
RESULT
4Based on the submissions of the parties and review of the documentary evidence, I find as follows with respect to the Respondent’s compliance with Paragraph 111 of the Order:
Paragraph 111 (a): I find the Respondent is compliant with the exception of pages 176 and 269 which appear to have the content at the bottom of the pages cut off.
Paragraph 111(b): I find that the Respondent is non-compliant. The material indicates there was at least one investigation conducted for which the disclosure required by the Order was not provided.
Paragraph 111(c): Other than the notes at Paragraph 9, the Respondent has not provided the documents required by the Order.
Paragraph 111(d): The Respondent has not provide the documents required by the Order.
Paragraph 111(e): The Respondent has not provided the documents required by the Order.
Paragraph 111(f): The Respondent has not provided the documents required by the Order.
Paragraph 111(g): The Respondent has not provided the documents required by the Order.
ORDER
5Within 14 days of this Order, the Respondent will provide the following to the Applicant:
a. In relation to Paragraph 111(a) of the Order, unredacted and complete pages 176 and 269;
b. The documents required by Paragraph 111(b) of the Order. The Respondent is to ensure that all investigations are included;
c. All the documents required by Paragraph 111(c) with the exception of Paragraph 9 which has been provided; and,
d. All the documents required by Paragraphs 111(d) to (g), inclusive, of the Order.
6The Respondent shall provide the Applicant with documentation confirming that it is not possible to make alterations to a document in the CPIN system after 24 hours, as the Respondent has represented.
7The Applicant shall notify the CFSRB by May 6, 2025 of any alleged breach of this Order.
8The file will be closed once the Respondent has complied with this Order.
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 these Applications, 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.
Dated at Toronto, April 8, 2025
Donna A. Wowk
___________________________
Donna A. Wowk Vice-Chair