CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
RW
Applicant
-and-
Children’s Aid Society of Waterloo Region
Respondent
DECISION
Adjudicator: Malcolm M. MacFarlane
Indexed As: RW v Children’s Aid Society of Waterloo Region (CYFSA s.120)
Introduction
1This is an Application filed under section 120 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the “Act”).
ISSUE
2Has the Applicant abandoned the Application?
RESULT
3The Applicant has abandoned the Application, and it must be dismissed.
ANALYSIS
Failure to attend the May 9, 2025 Pre-Hearing Videoconference
4The CFSRB scheduled a pre-hearing for May 9, 2025 from 9:30 A.M. to 5:00 P.M., to prepare for the hearing in this matter. The Notice of Video-Conference Pre-Hearing states the following:
All parties are expected to attend and participate in the pre-hearing. You may attend with your legal representative and/or a support person. If a party does not attend the pre-hearing after receiving notice, it may proceed in their absence. If the Applicant does not attend after receiving notice, the Application may be dismissed as abandoned.
5The Notice of Video Conference Pre-Hearing was sent to the email address provided in the Application and which was used to communicate with the Applicant previously. It was not returned as undeliverable. I conclude that the Applicant received that Notice.
6The Applicant did not attend the scheduled Pre-Hearing videoconference on May 9, 2025 at 9:30 A M. At around 9:40 A.M., the CFSRB attempted to reach the Applicant by phone, but was sent to voice mail. CFSRB left the Applicant a voice mail message and also sent the Applicant email. The Applicant did not reply to either message.
7In its May 9, 2025 Pre-Hearing Report, the CFSRB directed the Applicant to advise the CFSRB by email by Friday, May 16, 2025, if he wished to proceed with his Application. The Applicant was also directed to advise the CFSRB of his reasons for non-attendance at the May 9, 2025 Pre-Hearing.
8The Pre-Hearing Report stated that if the Applicant does not contact the CFSRB by May 16, 2025, the CFSRB will consider the Application abandoned and will close the file.
9The Pre-Hearing Report was sent to the email address provided in the Application and was not returned as undeliverable. I conclude that the Applicant received the Pre-Hearing Report.
10The Applicant did not contact the CFSRB by May 16, 2025, or at any time up to today. I conclude that he has abandoned his Application and it must be dismissed.
ORDER
11The Application is dismissed.
confidentiality order
12Pursuant 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.
Malcolm M. MacFarlane
Malcolm M. MacFarlane
Member