DB v. Windsor-Essex Children’s Aid Society, 2025 CFSRB 49

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

DB Applicant

-and-

Windsor-Essex Children’s Aid Society Respondent

DECISION

Adjudicators: Donna A. Wowk Date: April 11, 2025 Citation: 2025 CFSRB 49 Indexed As: DB v Windsor-Essex Children’s Aid Society (CYFSA s.120)

APPEARANCES

DB, Applicant (Self-Represented) Windsor-Essex Children’s Aid Society, Respondent (Ronald Burnett, 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, S.O. 2017, c.14, Sched.1 (“the Act”).

2The CFSRB found the Applicant eligible to proceed under subsection 120(4)4 of the Act. At a Pre-Hearing/Mediation held on January 14, 2025, the grounds for elibitility for the Application were amended, on consent, to include subsection 120(4)5 of the Act.

3The January 15, 2025 Pre-Hearing Mediation Report provided that the hearing of this Application would be held on April 8, 2025 by videoconference. It directed the parties as to the date by which they were to file their material for the hearing, and the date by which witness statements or affidavits were to be filed. A description of what was to be included in the witness statements was provided.

4As of April 8, 2025, the Applicant had not filed any documents for the hearing nor had he filed any witness statements.

5At the hearing, the Applicant informed the hearing Adjudicator that he would not be filing any documents for the hearing if he could not use the documents in other proceedings. The hearing Adjudicator informed him that she could not provide him with legal advice in relation to the matter.

6The Applicant advised the hearing Adjudicator that he did not intend to give evidence at the hearing. He maintained this position despite being reminded that he bore the burden of proof in the case.

7The Applicant inquired about the relief available to him under the Act. The hearing Adjudicator provided the Applicant with a summary of the remedies available under subsection 120(7) of the Act.

8When asked if ready to proceed, the Applicant informed the Adjudicator that he did not wish to proceed with the case.

9The Applicant did not provide any evidence to support his allegations. As such, he did not establish, on a balance of probabilities, that he was not heard or provided with reasons by the Respondent for decisions it made that affected his interests. In these circumstances, the Application must be dismissed.

ORDER

10The Application is dismissed.

CONFIDENTIALITY ORDER

11Pursuant 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.