David Leisander

The applicant filed an application with the Child and Family Services Review Board regarding complaints against a children's aid society.

The society sought to dismiss the application on preliminary jurisdictional grounds, arguing res judicata, lack of jurisdiction, and abuse of process.

The Board found that the core issues were identical to a previous application and thus barred by res judicata, and that some requested relief fell outside its jurisdiction.

However, the Board found the application was not an abuse of process and ordered the society to provide the applicant with an Internal Complaints Review Panel hearing, as she was previously unable to participate due to trauma.

The applicant requested that the Child and Family Services Review Board waive a confidentiality order to allow her to share documents from her CFSRB file with her lawyer, the Ontario Court of Justice in a family law proceeding, and the Ontario Ombudsman.

The Board denied the request to share the respondent's documents with the Court and the Ombudsman, noting that those bodies are better situated to determine what information is necessary for their own processes and can order disclosure if needed.

However, the Board permitted the applicant to share the documents with her lawyer representing her in the family law proceeding, subject to the same confidentiality obligations.

The applicant mother filed a complaint with the Child and Family Services Review Board regarding two child protection investigations conducted by the respondent society.

She alleged the society failed to proceed with her internal complaint, denied her an opportunity to be heard regarding safety concerns about the child's father, and failed to provide reasons for not verifying her concerns.

The Board found the society breached the regulation by failing to provide a timely eligibility determination and reasons for not proceeding with the internal complaint.

However, the Board found the applicant was provided an opportunity to be heard and was ultimately provided with reasons for the verification decisions.

The application was otherwise dismissed.