CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
MT
Applicant
-and-
Durham Children’s Aid Society
Respondent
DECISION
Adjudicator: Catherine Bickley
Indexed As: MT v Durham Children’s Aid Society (CYFSA s.120)
INTRODUCTION
1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) under 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
3The CFSRB found the Application eligible to proceed under section 120(4)4 of the Act.
4The parties attempted mediation at a March 29, 2021 Pre-Hearing but did not reach a settlement.
5The CFSRB scheduled a Pre-Hearing teleconference for 11 a.m. on April 20, 2021 to prepare for the hearing of the Application. This was one of the dates and times provided by both parties at the March 29, 2021 Pre-Hearing.
6The April 1, 2021 Notice of Pre-Hearing was sent to the email address provided to the CFSRB by the Applicant. It was not returned as undeliverable.
7When the Applicant was not present at the start of the April 20, 2021 Pre-Hearing, I asked the CFSRB’s Case Processing Officer to contact the Applicant. She called him at 11:11 a.m. and 11:19 a.m., each time leaving a voice-mail message reminding him of the Pre-Hearing. She also sent the Applicant an email stating the teleconference line would remain open until 11:30 a.m.
8After half an hour had passed and the Applicant had still not joined the Pre-Hearing, I asked the Respondent for its submissions.
9The Respondent submitted that the CFSRB should dismiss the Application as abandoned. It stated that following the March 29, 2021 Pre-Hearing, the Respondent’s Serious Occurrence Worker had contacted the Applicant by email (April 7) and text (April 16) inquiring about emails the Applicant had referred to at the Pre-Hearing and did not receive any response from the Applicant.
10The teleconference ended at 11:35 a.m.
ANALYSIS
11I am satisfied that the Applicant received the April 1, 2021 Notice of Hearing as it was sent to the email address he provided to the CFSRB and it was not returned as undeliverable.
12The Notice of Pre-Hearing included the following warning:
If the Applicant does not attend after receiving notice, the Application may be dismissed as abandoned.
13The Pre-Hearing was scheduled for a date and time for which the Applicant had indicated he was available. The Applicant did not contact the CFSRB in advance of the Pre-Hearing to advise of any problem with the scheduled date and time.
14The Applicant did not attend the Pre-Hearing at any time between 11 a.m. and 11:35 a.m. nor did he contact the CFSRB to indicate that he was having any difficulty in calling the teleconference line. The Applicant did not respond to the CFSRB’s attempts to contact him by telephone and email.
15I conclude that the Applicant has abandoned his Application.
ORDER
16The Application is dismissed as abandoned.
CONFIDENTIALITY ORDER
17Pursuant 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, April 20, 2021.
Catherine Bickley
Catherine Bickley
Vice-Chair