CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
NT
Applicant
-and-
Family and Children’s Services Niagara
Respondent
DECISION
Adjudicator: Catherine Bickley
Indexed As: NT v Family and Children’s Services Niagara (CYFSA s.120)
WRITTEN SUBMISSIONS
NT, Applicant
Self-represented
Family and Children’s Services Niagara, Respondent
Jason Farrer, Counsel
Introduction
1This is an Application filed on June 14, 2017 with the Child and Family Services Review Board (“CFSRB”) ”) under section 68.5 of the Child and Family Services Act R.S.O. 1990, c.C.11 [now section 120 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1] (the “Act”).
2This decision explains why the Application is being dismissed.
background
3In early 2018, at the Applicant’s request and with the Respondent’s consent, the Application was placed on hold.
4The CFSRB subsequently asked the Applicant several times for an update. Each time she replied that she was involved in ongoing court proceedings but provided few details about the nature or anticipated timing of those proceedings.
5For example, on April 25, 2018, the Applicant wrote “[m]y court matter is still active” and on August 28, 2018 she wrote “still before courts”.
6On January 22, 2019, the Applicant wrote:
Hi there I’m responding to your email as I would like to continue with knew (sic) information I will send by mail for your review I have been very busy with courts on all issues I apologize for delay.
7On October 8, 2019 the Applicant wrote:
Hi there the matter is still before the courts have court coming up not much has except a police enforcement ed order that police would t enforce custody arrangement. Still ongoing issues. [spelling and grammar as in the original]
8Most recently, on April 22, 2020, the Applicant stated:
I have received your email just following up with you regarding court proceeding still on going (sic) due to covid 19 things have been put on pause at the moment I have reached out to my lawyer regarding to proceedings maybe phone or video conference waiting to here (sic) back from him.
9On April 27, 2020, the CFSRB issued a Case Management Direction (“CMD”) directing the Applicant to provide the following information by May 8, 2020:
An explanation of what proceeding(s) are before the courts;
A copy of all relevant court orders, decisions or endorsements; and,
Written submissions addressing the question of whether the issues before the courts are separate and distinct from the issues before the CFSRB.
10In response to a telephone call from the Applicant, the CFSRB’s Case Processing Officer sent the Applicant an email asking her to clarify whether she could at least provide the following:
- a detailed description of the legal proceedings by the deadline.
- If you can explain why you don’t have copies of the court documents
- Also if you can explain why the legal proceedings are or are not separated and different from you (sic) complaint against the society.
11The Case Processing Officer also reminded the Applicant of the May 8, 2020 deadline.
12The Applicant responded with the following email [grammar as in the original]:
The time lines are impossible to meet at this which I did make aware of due pending paper work is at my lawyers office have left message regarding what I need so as of this time until things are reopened I’m unable to meet deadline we will have to reschedule for a later date for sometime end of June to July pending information you need I’m yet to receive it Unable to get copy at courthouse due to being closed to the public hope you can allow an extension of time
13On May 21, 2020, the CFSRB issued another CMD directing the Applicant to answer the following questions by May 28, 2020:
What are the court proceedings she referred to in her April 25, 2018, August 28, 2018, January 22, 2019, October 8, 2019 and April 22, 2020 emails to the CFSRB?
Is she involved in more than one court proceeding?
Do the court proceeding(s) involve criminal charges or custody issues or some other issues?
At what stage is the court proceeding or the court proceedings, i.e., have there been orders, decisions or other directions from the court?
Are there any dates currently scheduled for further court appearances?
If she needs to communicate with her lawyer (who is not representing her in the CFSRB Application) to answer any of these questions, what efforts has she made to do so?
14The May 21, 2020 CMD also warned the Applicant that if she failed “to provide the requested information or provide a detailed and credible explanation as to why she is unable to provide the information by May 28, 2020, her Application may be dismissed.”
15The Applicant did not provide the requested information or otherwise communicate with the CFSRB by May 28, 2020 or at any time up to the date of this decision.
analysis
16It is now more than three years since the Application was filed.
17It is not clear what, if any, proceedings in which the Applicant may be involved are still before the courts. Attached to the original Application were several documents related to criminal charges against the Applicant’s step-daughter’s mother and people connected with her. The Applicant’s October 8, 2019 email, on the other hand, refers to a custody arrangement.
18The CFSRB needs to know the nature and stage of any court proceedings for two reasons. First, to determine whether section 120(8)(a) of the Act applies as that section bars the CFSRB from reviewing an application if the subject of the application “is an issue that has been decided by the court or is before the court”. Second, if section 120(8)(a) does not apply, to determine whether the court proceedings warrant keeping the Application on hold for an extended period.
19The CFSRB has asked the Applicant three times during the last two months to provide basic information about the court proceedings which the Applicant says require keeping her Application on hold. She has not done so. She has refused to disclose even whether the court proceedings involve a custody dispute or criminal charges.
20The Applicant has been warned that a failure to provide the requested information could lead to dismissal of the Application. She has not communicated in any way with the CFSRB since the May 21, 2020 CMD was issued.
21In the circumstances, I conclude the Applicant has effectively abandoned her Application and it must be dismissed.
order
22The Application is dismissed.
confidentiality order
23Pursuant 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 at Toronto, June 30, 2020.
Catherine Bickley
Catherine Bickley
Vice-Chair