AB v. Children's Aid Society of Toronto, 2019 CFSRB 33

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

AB Applicant

-and-

Children's Aid Society of Toronto Respondent

DECISION

Adjudicator: Gail Gonda Date: July 12, 2019 Citation: 2019 CFSRB 33 Indexed As: AB v Children’s Aid Society of Toronto (CYFSA s.120)

AB, Applicant Self-represented

Children's Aid Society of Toronto, Respondent Chithika Withanage, Counsel

INTRODUCTION

1This is an Application under s.120(4) 4 and 5 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched. 1.

2The application is dismissed as abandoned.

BACKGROUND

3On November 15, 2019, the Applicant filed a complaint against the Society. The complaint was deemed eligible to proceed to a pre-hearing on November 18, 2019.

4Three pre-hearing proceedings were scheduled: the first on January 22, 2019, the second on March 12, 2019 and the third on April 17, 2019. The first date was cancelled by the CFSRB; the second two dates were cancelled at the request of the Applicant. On April 16, 2019 and April 25, 2019. the CFSRB requested that the Applicant provide a doctor's note substantiating the reasons for cancelling the third scheduled pre-hearing. No note has ever been provided.

5A fourth pre-hearing via teleconference was scheduled on June 27, 2019. The parties were sent a notice on May 21, 2019 to hold this date. On the same date, the parties were sent the notice of the pre-hearing teleconference containing the call-in information. The notice was sent to the email addresses on record for both parties. The notice to the Applicant did not bounce back as undeliverable. On June 24, 2019, the Applicant sent an email to the CFSRB to say she had not received the notice of the teleconference scheduled for June 27, 2019. On June 25, 2019, the Applicant was sent a second notice at her request to the email address on record. The notice included the following statement: “If the Applicant does not attend after receiving notice, the Application may be dismissed as abandoned.

6On June 27, 2019, the Society called in to the teleconference at the scheduled time. The Applicant did not call in. The Applicant did not contact the CFSRB prior to the date of the pre-hearing to say that she would not be calling in nor did she indicate this when she requested a copy of the notice on June 24, 2019.

7On July 4, 2019, the CFSRB received an email from the Applicant alleging that she had sent emails to all parties without reference to specific dates or the content of these emails and that she had never received confirmation of a date. She also alleged that she had communicated with the CFSRB sometime after June 5, 2019 regarding the death of her son. The CFSRB records indicate that the Applicant was sent an email dated May 21, 2019 to hold June 27, 2019 for the proceeding as well as a record that the Applicant was sent a copy of the notice on June 25, 2019 at her request. The CFSRB has no record of any other communications from the Applicant between June 5, 2019 and June 27, 2019, the date of the fourth scheduled proceeding.

ANALYSIS

8The pre-hearing scheduled on June 27, 2019 was the fourth attempt to conduct the proceeding. The Application had been deemed eligible 221 days prior to this date.

9The CFSRB's Rules of Procedure state the following:

Rule 23.2 The first pre-hearing will be scheduled as soon as possible and, in any event, no later than 40 days after determining eligibility.

10The timelines have been significantly exceeded beyond the requirements set out in the rules.

11When an individual file an application with the CFSRB, they start a process which engages the resources of the Respondent and the CFSRB. It is required and important that applications proceed in a timely manner.

12To date, significant resources have been expended by the Respondent and the CFSRB over a significant period of time since the date the application was deemed eligible.

13The CFSRB made repeated efforts to schedule the first pre-hearing. Multiple scheduled attempts to conduct the first pre-hearing were scheduled. The Applicant did not participate in the fourth scheduled pre-hearing.

14I conclude that the Applicant has abandoned her application.

DECISION

15The application is dismissed. The file is now closed.

CONFIDENTIALITY ORDER

16Pursuant to Rules 9.1 and 9.2 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.