CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
CL Applicant
-and-
Huron-Perth Children’s Aid Society Respondent
DECISION
Adjudicator: Michelaine Lahaie Date: July 10, 2025 Citation: 2025 CFSRB 87 Indexed As: CL v Huron-Perth Children’s Aid Society (CYFSA s.120)
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”).
2This is the third application the Applicant has filed with the CFSRB. The first two applications were found to be outside of the CFSRB’s jurisdiction. The current application involves complaints that were made in the previous two applications.
3The Applicant is the father of a child (the “Child”) The Respondent provides child protection services to the Applicant, the Child and the Child’s mother. In his Application, the Applicant alleges issues with disclosure of information and communication with the Respondent, failure by the Respondent to enforce breaches of court orders, Respondent employee conduct, Respondent disregard for reports from foster care providers and the Respondent’s use of fear and secrecy surrounding the Child’s placement.
ISSUE
4The issue is:
a. Is the Application eligible for review by the CFSRB?
RESULT
5The CFSRB finds the application is not eligible for review. The current application repackages issues that were already brought forward in two previous applications. It would be an abuse of process to find this application eligible, and the concerns remain outside the CFSRB’s jurisdiction to review.
ANALYSIS
Current Application
6The current application reiterates the complaints brought forward in the first and second Applications, including withholding certain documents, breaches of court ordered terms placing the Child at risk, bias by a certain CAS employee and allocation of parenting time. The Applicant references his previous complaints and states that this complaint is “made on grounds distinct and separate from custody and access disputes currently before the Ontario Court of Justice”.
7The Applicant seeks the following relief:
a. Transfer of oversight of the Child’s case from the Huron-Perth Children’s Aid Society to a different Children’s Aid Society (CAS), with only the apprehension report shared with the new CAS;
b. A thorough and independent review of CAS’s compliance with its statutory and policy obligations in this case;
c. An investigation into the conduct of involved CAS workers, including CAS worker N;
d. An order to CAS to provide full and timely disclosure of all records and plans relevant to the Child and the Applicant;
e. A requirement for CAS to implement transparent, accountable processes to ensure parental rights and child safety are protected;
f. Equal Monitoring of CAS enforcement of court-ordered conditions for all parties; and
g. Any additional remedies deemed to necessary to ensure the best interests of the Child and the Applicant.
The First Application: File CA24-0208
8The Applicant filed his first application with the CFSRB in November 2024, File CA24-0208. In a decision dated January 22, 2025, the CFSRB found it did not have jurisdiction to review the Applicant’s complaints because they were not separate and different from the substantive issues in Child Protection proceedings before the Ontario Court of Justice. The CFSRB dismissed the Applicant pursuant to section 120(8)(a) of the Act.
9The Respondent’s submissions in File CA24-0208 included a December 12, 2024 Endorsement from the Court. This endorsement made orders further to an earlier motion, including the temporary placement of the Child with his mother subject to the Respondent’s supervision, and access of the Child to the Applicant at the discretion of the Respondent. The endorsement also ordered the Applicant to work with the Respondent on an access schedule.
The Second Application: File CA25-0043
10The Applicant filed his second application, file CA25-0043, with the CFSRB on March 5, 2025. A decision dated March 10, 2025, found that the second application reiterated many of the complaints contained in the first application. Two new complaints that were added to the second application were issues that were squarely before the courts. A third complaint related to the use and disclosure of records held by the Respondent, which falls exclusively within the purview of the Information and Privacy Commissioner. The second application was dismissed as outside of the CFSRB’s jurisdiction, under both subsection 120(8)(a) and Part X of the Act.
The New Application is not Substantively Different from the First Application and the Second Application
10The Applicant’s current application repackages the complaints brought forward in the previous two applications. The issues contained within this third application have previously been addressed in the January 2025 and March 2025 decisions.
11I find that the Applicant’s current complaints relate to issues that were already found to be outside the jurisdiction of the CFSRB to review in the previous decisions. The Applicant can raise his concerns through the court process, as part of the ongoing Child Protection proceedings. As explained in the previous decisions, under subsection 120(8)(a) of the Act, the CFSRB does not have jurisdiction to review complaints if the issues have been decided by the court or are before the court.
12Additionally, concerns related to disclosure of information are not within the jurisdiction of the CFSRB to review. Under Part X of the Act, the Information and Privacy Commissioner, of Ontario has that jurisdiction.
13Finally, the remedies sought by the Applicant as set out in paragraph 9 above are not remedies that could be ordered by the CFSRB, under subsection 120(7) of the Act.
ORDER
14The Application is dismissed.
CONFIDENTIALITY ORDER
15Pursuant 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.
Dated, July 10, 2025.
Michelaine Lahaie
Michelaine Lahaie Vice-Chair