SL v. The Children’s Aid Society of the District of Thunder Bay, 2025 CFSRB 58

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

SL Applicant

-and-

The Children’s Aid Society of the District of Thunder Bay Respondent

DECISION

Adjudicator: Lise Henrie Date: May 02, 2025 Citation: 2025 CFSRB 58 Indexed As: SL v The Children’s Aid Society of the District of Thunder Bay (CYFSA s.120)

WRITTEN SUBMISSIONS

SL, Applicant David Leisander, Representative

The Children’s Aid Society of the District of Thunder Bay, Respondent Tamara Byrne, Representative

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 heard the Application and released a decision on the merits on February 28, 2025 (the February 2025 Decision).

3The February 2025 Decision included the following confidentiality order:

62Pursuant 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.

4A confidentiality order was also attached to the Pre-Hearing Report dated October 31, 2024, and such an order is attached below to the within decision. These orders are essential due to the nature of the CFSRB proceedings.

5On February 24, 2025, the Applicant asked to share documents in her CFSRB file with her lawyer, in an Ontario Court of Justice (the Court) family law proceeding, and with the Ombudsman’s Office.

ISSUE

6Should the CFSRB waive confidentiality of the documents filed as part of this Application so that the Applicant may share them with her lawyer, in the Court family law proceeding, and with the Ombudsman’s Office?

RESULT

7The Applicant’s request that the CFSRB waive the confidentiality order applicable to documents filed in this Application so that she can share the documents with the Court and the Ontario Ombudsman is denied.

8The Applicant may share the documents in her file with her lawyer who is representing her in her family law proceeding.

ANALYSIS

9On March 14, 2025, the CFSRB released a Case Management Direction requiring the Applicant to provide information on what document(s) she wished to share, the purpose for sharing the material and why the CFSRB should grant her permission to share the material.

Sharing with her lawyer and in the Court

10With respect to the Applicant’s request to share material with her lawyer and in Court, the Applicant responded that the material she provided is already part of the family court file, and requests permission to share all or specified parts of the Respondent’s material (submissions, affidavits, etc.).

11The Respondent takes no position with respect to the Applicant sharing her own information, her own submissions, and the February 2025 Decision. However, the Respondent is not agreeable to sharing its documents, including the Respondent’s written submissions dated September 3, 2024 and the affidavits, as these document were drafted within the specific context of this Application. The Respondent also does not agree that its documents be shared outside the CFRSB in order to protect the privacy of the affiants and others mentioned in the affidavits.

12I do not find that the Applicant has provided persuasive reasoning to depart from the CFSRB’s usual practice of waiving confidentiality only in exceptional circumstances. Section 120 applications are distinct from child protection or family law court proceedings. These applications are limited to service issues and the CFSRB cannot review substantive issues before the Court.

13The questions considered and decided by the CFSRB in the February 2025 Decision related to whether the Respondent failed to proceed with the Applicant’s complaint through the Internal Complaints Review Panel process, whether the Respondent provided the Applicant with the opportunity to be heard when she raised concerns and whether the Respondent provide the Applicant with reasons, when decisions affecting her interests were made, under section 120(4)4 of the Act.

14It remains open to the Applicant to ask the Court for an order permitting the February 2025 Decision and any other documents to be used in the proceeding before it. The Court would be more fully informed of the nature and details of that proceeding than would be the CFSRB, and thus better able to determine the appropriateness of such an order, if at all.

15Accordingly, I find that the Applicant may not use the Respondent’s documentation in Court, except by order of the Court. This finding does not prevent the Applicant from sharing her own submissions with the Court.

16I find that that the Applicant may share with the lawyer representing her in family law proceedings, any of the documents in the file, including those from the Respondent. This is important to ensure that the Applicant’s lawyer is in a position to render effective legal advice and representation. Without access to the documents, the lawyer would be unable to ascertain the relevance of the documents to determine whether to ask the Court to allow the documents to be used. As the Applicant’s representative, the lawyer is subject to the same confidentiality obligations as provided in the order.

Sharing with the Ombudsman

17The Applicant responded that she would like to share the file in its entirety with the Ombudsman “for a proper investigation to be conducted”. She submits that the material would assist in an investigation into a potential breach of duty, breach of fiduciary duty and negligence.

18The Respondent takes no position with respect to sharing the file with the Ombudsman.

19I find that if and when the Ontario Ombudsman undertakes an investigation of any complaint brought by the Applicant, it may obtain records that it feels necessary to its investigation from the Respondent and the Applicant. Like the Court, the Ontario Ombudsman is better situated to determine what information may be necessary to its own process. For this reason, I deny the Applicant’s request to share the file with the Ontario Ombudsman.

20Finally, the Applicant may wish to note that the CFSRB’s Rules of Procedure 9.3 and 9.4 do not prevent her from describing the events that she referenced in this Application in any complaint to the Ontario Ombudsman or to the Court. In addition, Rules 9.3 and 9.4 do not prevent the Applicant from seeking disclosure directly from the Respondent as part of any Court proceeding or complaint to the Ontario Ombudsman.

ORDER

21For the reasons above, I deny the Applicant’s request to waive confidentiality of the Respondent’s documents filed as part of this Application and the unredacted copy of the February 2025 Decision to share the documents with the Court and with the Ontario Ombudsman.

22The Applicant may share any documents in the file with the lawyer representing her in family law proceedings. That lawyer is bound by the same confidentiality provisions as the Applicant.

CONFIDENTIALITY ORDER

23Pursuant 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 on-line. 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.