Dawn Dubois

The applicant alleged that the respondent children's aid society failed to comply with five terms of a settlement agreement reached during mediation.

The terms related to providing reasons for seeking a supervision order, disclosing service plans, outlining expectations for the return of the child, meeting to discuss disclosure concerns, and contacting the child's father regarding alternative dispute resolution.

The Child and Family Services Review Board found that the respondent had complied with four of the terms and that the fifth term was moot as all parties had since agreed to participate in alternative dispute resolution.

The application was dismissed.

The applicant filed an application under section 120 of the Child, Youth and Family Services Act, 2017 regarding access to his children and communication concerns with the respondent.

After the applicant and his counsel failed to respond to multiple Case Management Directions and failed to provide dates for a pre-hearing/mediation, the respondent requested the matter be concluded.

The Child and Family Services Review Board found the applicant's failure to communicate and undue delay amounted to an abuse of process.

The application was dismissed.

The applicant filed a complaint with the Child and Family Services Review Board regarding the respondent children's aid society's investigation into allegations of child abuse.

The respondent argued the Board lacked jurisdiction because the issues had already been decided by the Ontario Court of Justice in a child protection proceeding and subsequent costs application.

The Board found that most of the applicant's complaints, including allegations of a biased investigation, had been addressed by the court.

However, the Board determined it had jurisdiction to hear the applicant's complaint regarding kinship care, as that issue was not before the court.

The applicant filed a human rights application alleging discrimination by the Children's Aid Society regarding the apprehension of his children.

The Tribunal held a preliminary hearing to determine whether the application should be dismissed under section 45.1 of the Human Rights Code.

The Tribunal found that while a prior Child and Family Services Review Board settlement did not appropriately deal with the substance of the application, the issues had been and continued to be appropriately dealt with by the Court in ongoing child protection proceedings.

The application was therefore dismissed.

The applicant requested an adjournment of a preliminary hearing due to a recent fire, personal issues, and a pending court motion for documents.

The respondent did not oppose the request.

The Tribunal granted the adjournment, finding that the recent fire constituted an exceptional circumstance warranting an adjournment under the Tribunal's Practice Direction.

The Tribunal also ordered the anonymization of the applicant's name to comply with the Child and Family Services Act.