TBL v. Family and Children’s Services of the Waterloo Region, 2021 CFSRB 36

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

TBL

Applicant

-and-

Family and Children’s Services of the Waterloo Region

Respondent

INTERIM DECISION

Adjudicator: Daniel McSweeney

Date: May 25, 2021

Citation: 2021 CFSRB 36

Indexed As: TBL v Family and Children’s Services of the Waterloo Region (CYFSA s.120)

WRITTEN SUBMISSIONS

TBL, Applicant

Self-Represented

Family and Children’s Services of the Waterloo Region, Respondent

Dianne Sousa, Counsel

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”).

BACKGROUND

2The Application was found eligible pursuant to sections 120(4)4 and 120(4)5 of the Act: the Applicant alleged that the Respondent has failed to provide her with an opportunity to be heard and represented when decisions affecting her interests were made or when she had concerns about the services she is receiving; and the Respondent is alleged to have failed to provide the Applicant with reasons for a decision that affects her interests.

3At a Pre-Hearing held on May 7, 2021, the parties agreed that the matter would be set for a 1-day hearing on June 14 or June 16, with June 14 being the preferred date for the Applicant.

4On May 18, 2021, the Applicant wrote the CFSRB with the following:

“Given unexpected, extraneous personal matters, I am requesting a short adjournment of this matter, ideally to the end of June or early July. I would appreciate this accommodation and await your response.”

5The Respondent did not oppose the request, and provided the CFSRB with dates when staff would be available for a hearing.

6The CFSRB wrote the parties and provided them with a copy of the Practice Direction on Scheduling Pre-Hearing/Mediations and Hearings, Rescheduling Requests, and Adjournment Requests (the “Practice Direction”).

7The Applicant was asked to describe the exceptional circumstances supporting her request.

The LAW

8The Practice Direction indicates that adjournments will be granted only in exceptional circumstances even when all parties consent. A party must describe the exceptional circumstances supporting the request. If the request for adjournment is denied, the parties must be prepared to proceed with the hearing.

9In accordance with Section 24.4 of the CFSRB Rules of Procedure, the CFSRB may exercise its discretion to:

a. define and narrow the issues;

b. determine and direct the order in which issues, including preliminary issues, will be considered;

c. determine and direct the order in which the evidence will be presented;

d. limit the evidence or submissions on any issue

ANALYSIS

10I have considered the Applicant’s request and find that the Applicant has not provided the CFSRB with an explanation to support any exceptional circumstances that would justify an adjournment pursuant to the Practice Direction.

11In her explanation, the Applicant indicated that her time and attention has been dedicated to other Court proceedings. She indicated that it was unknown in April whether the matter would be completed in May. She has confirmed that the other proceedings will continue until the end of May and will resume in September. The Applicant indicated that the adjournment would afford her adequate time to prepare for the CFSRB hearing.

12I considered the explanation and find that participation in another Court proceeding is not sufficient to adjourn the CFSRB proceedings. Firstly, I note that the Applicant set June 14, 2021 as her preferred hearing date during the Pre-Hearing Teleconference on May 7, 2021. At that time, she was aware of her other Court proceedings and the potential impacts on her time and ability to prepare. The CFSRB and the Respondent accommodated the Applicant’s preferred hearing date.

13Secondly, I note that the adjournment request came on May 18, 2021, well into the Applicant’s other Court proceedings. The Applicant indicated that the proceedings resumed on May 10, 2021. It would have been reasonable for the Applicant to have known the trajectory of the proceedings near May 10, 2021, rather than waiting until May 18, 2021, which was less than a month to the agreed-upon hearing date.

14I note that the Respondent has consented; however, the Practice Direction is clear that mutual consent is not sufficient to meet the “exceptional circumstances” test in the Practice Direction.

15The CFSRB has a duty to ensure that matters before it are dealt with as expeditiously as possible.

16The existence of other legal proceedings does not, by itself, satisfy the “exceptional circumstances” requirement in the Practice Direction, especially given that the existing hearing date was chosen by the Applicant at the time the other proceedings were already underway.

DIRECTIONS

17The CFSRB is sensitive to the situation of unrepresented applicants, as well as the Applicant’s particular situation. As such, I have used my discretion to vary the timelines for disclosure and filing to afford the Applicant as much preparation time as possible.

18The parties are directed to disclose all arguably relevant documents to each other on or before June 2, 2021 and confirm in writing to the CFSRB that they have done so. The parties do not have to provide this material to the CFSRB.

19On or before June 9, 2021, the parties are directed to file with the CFSRB one copy of the documents they intend to rely upon at the hearing, along with witness statements. The witness statements should contain a detailed summary of what the witnesses will say when they testify at the hearing. The parties must serve each other with one copy of these materials. The materials must be page numbered and be accompanied with an index.

20The list of witnesses will remain the same as in the Pre-Hearing Report dated May 7, 2021; however, parties may wish to amend their witness list based on the comments in the paragraph below.

21I have reviewed the Pre-Hearing Report, the Application, and the Respondent’s Summary Response. The following comments may assist the Applicant to focus her preparations, disclosure, and witness lists for the CFSRB hearing. The issues addressed in a Section 120 hearing are very narrow. The CFSRB will only consider evidence and testimony on the following 2 issues: whether the Applicant was heard by the Respondent when she raised concerns, and whether she was provided with reasons for the Respondent’s decisions. The member has the authority to limit evidence (documentary, and witness) to these 2 issues as per the CFSRB Rules identified in LAW section above. The hearing will not focus on or make findings on the merits of any of the Respondent’s decisions or actions, especially on issues that have been decided by the Court or are before the Court.

22The hearing will be held by video-conference on June 14, 2021. The parties will receive a Notice of Hearing confirming the date, time and instructions on how to access the video-conference.

23The CFSRB may issue further directions as necessary.

CONFIDENTIALITY ORDER

24Pursuant 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.