A.D. v. York Region Children’s Aid Society, 2008 CFSRB 55

CHILD AND FAMILY SERVICES REVIEW BOARD

A.D.

v.

York Region Children’s Aid Society

REASONS FOR DECISION ON MOTION

Date: June 3, 2008

Citation: 2008 CFSRB 55

Indexed as: A.D. v. York Region CAS (CFSA s.68)

Related Decisions: Reasons for Decision on Jurisdiction: A.D. v. York Region Children’s Aid Society (CFSA s.68), 2008 CFSRB 6

1These reasons are being issued by the Child and Family Services Review Board (the “Board”) following a preliminary motion regarding disclosure which was raised at the May 22, 2008 hearing into an application made by A.D. (the “Applicant”) under section 68.1 of the Child and Family Services Act, R.S.O. 1990, c. C.11 (the “Act”) against the York Region Children’s Aid Society (the “Society”).

2Raymond Goddard, Counsel for the Applicant, argued that key documents have not been disclosed by the Society as required by the Board in a Pre-Hearing Conference of May 2, 2008. He noted that after discussions with Anthony Snider, Counsel for the Society, both parties consent to an adjournment of the hearing in this matter, until further disclosure takes place.

3Mr. Snider noted that, with respect to the disclosure requested at paragraph 3 of the Applicant’s Notice of Motion filed May […], 2008, the Society believes all this information has already been disclosed. Nonetheless, he consented to make his best efforts to find and disclose any remaining relevant documents.

4Mr. Snider argued that, unless the Applicant’s complaints are more clearly specified, the Society cannot be sure it is disclosing the appropriate information. Mr. Goddard agreed to set out the Applicant’s specific complaints in writing.

5The Board adjourned the hearing in this matter, scheduled for May 22 and May 28, 2008, until the complaints are specified, any remaining relevant documents are disclosed, and both parties have an opportunity to review their witness list, as per the timeline laid out below.

Rule 20 of the Rules of the Board provides that:

20. A party that does not provide evidence as required by Rule 19 may not use the evidence at the hearing unless allowed by the Board.

6Given the preliminary orders and various adjournments involved in this file relating to evidence, the panel will only allow further evidence to be produced at the hearing in exceptional circumstances.

DECISION

7The Board orders the following:

1. As per paragraph 3 of the Applicant’s Notice of Motion filed on May […], 2008, the Society will make its best efforts to locate any further relevant documents that have not been disclosed, and disclose by June 10, 2008:

(a) Copy of Ms. A.’s case notes from May 2007 to the date of the Application;

(b) Copies of any and all notes from the Worker’s Supervisors relating to the Applicant, to the date of the Application;

(c) Copies of any notes and records of M.M. and B.M. relating to the Applicant, to the date of the Application.

2. The Applicant will provide a clear list of enumerated complaints, to both the Society and the Board, by June 18, 2008.

3. The Applicant will disclose to the Society and the Board all additional relevant documents, a statement of the remedy requested, and an updated witness list by July 15, 2008. For any new witnesses who are not included on the list attached as “Appendix A”, the Applicant will provide a witness statement by the same date.

4. The Society will file any reply evidence, an updated witness list, and any witness statements for new witnesses not included on the list attached as “Appendix A”, by August 1, 2008.

5. The hearing is scheduled for August 13, 14 and 15, 2008. The Case Coordinator will forward a Notice of Hearing to the parties, confirming time and location of the hearing.

Heather Gibbs

Presiding Member

Gail Gonda

Panel Member

Lorna King

Panel Member

Dated at Toronto, Ontario on this 3^rd day of June, 2008.

Appendix A

Witness list as discussed on May 22, 2008

Witnesses for the Applicant

R.E. (Society may have objection re: confidentiality)