NC v. Peel Children's Aid Society, 2021 CFSRB 48

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

NC

Applicant

-and-

Peel Children’s Aid Society

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: July 02, 2021

Citation: 2021 CFSRB 48

Indexed As: NC v Peel 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.

4After the CFSRB scheduled a Pre-Hearing by teleconference for June 23, 2021, the Respondent requested the Pre-Hearing be rescheduled. The Respondent’s request was compliant with the CFSRB’s Practice Direction on Scheduling Pre-Hearing/Mediations and Hearings, Rescheduling Requests, and Adjournment Requests.

5The CFSRB consulted with the Applicant regarding the rescheduling. She initially agreed to a date of June 24, 2021. She later changed her mind.

6The CFSRB then rescheduled the Pre-Hearing for June 24, 2021, consistent with the Practice Direction’s provision that the CFSRB will set the date if the parties are unable to mutually agree to dates.

7The CFSRB confirmed the new date through a Notice of Pre-Hearing sent to the parties on June 3, 2021. The Notice of Pre-Hearing was sent to the email address provided to the CFSRB by the Applicant. It was not returned as undeliverable.

8The Applicant did not attend the June 24, 2021 Pre-Hearing. The Case Processing Officer unsuccessfully tried to contact the Applicant by telephone and by email. The assigned CFSRB member and the Respondent waited on the teleconference for an hour and a half after the scheduled start time of the Pre-Hearing. The Applicant has not subsequently contacted the CFSRB to explain her absence from the Pre-Hearing.

ANALYSIS

9I am satisfied that the Applicant received the June 3, 2021 Notice of Hearing as it was sent to the email address she provided to the CFSRB and it was not returned as undeliverable.

10The Notice of Pre-Hearing included the following warning:

If the Applicant does not attend after receiving notice, the Application may be dismissed as abandoned.

11The Applicant did not attend the Pre-Hearing at any time between 9 a.m. and 10:30 a.m. nor did she contact the CFSRB to indicate that she was having any difficulty in calling the teleconference line. The Applicant did not respond to the CFSRB’s attempts to contact her by telephone and email on the day of the Pre-Hearing and has not communicated with the CFSRB up to the date of this decision.

12I conclude that the Applicant has abandoned her Application.

ORDER

13The Application is dismissed as abandoned.

CONFIDENTIALITY ORDER

14Pursuant 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.