MT and MT v. Jewish Child and Family Services of Greater Toronto, 2021 CFSRB 82

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MT and MT
Applicants

-and-

Jewish Child and Family Services of Greater Toronto
Respondent

DECISION

Adjudicator: Catherine Bickley
Date: November 23, 2021
Citation: 2021 CFSRB 82
Indexed As: MT and MT v Jewish Child and Family Services of Greater Toronto (CYFSA s.120)

INTRODUCTION

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) pursuant to section 120 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1, (the “Act”).

BACKGROUND

2The CFSRB found the Application eligible to proceed under sections 120(4)4 and 120(4)5 of the Act. The Applicants allege:

That the Respondent has not heard the Applicants’ concerns about the services they are receiving, and that the Respondent has not provided reasons for decisions it made that affect the Applicants’ interests, relating to the following issues:

• The scope and frequency of investigations initiated after anonymous community referrals;

• The Society decision to proceed with these investigations over the objection of the Applicants, who allege that more than one investigation was not needed;

• The content of the investigations relating specifically to the parents rather than to the children.

3At a June 25, 2021 Pre-Hearing (held by teleconference), the parties reached a settlement through mediation. The CFSRB member facilitating the process verbally reviewed the Settlement Agreement with the parties. All parties verbally agreed to the terms of the Settlement Agreement.

4The Settlement Agreement contained eight questions which the Respondent agreed to answer in writing by August 6, 2021. Any allegation of non-compliance with the Settlement Agreement was to be provided to the CFSRB in writing by August 16, 2021

5On July 4, 2021, the Applicants wrote to the CFSRB expressing dissatisfaction with the wording of the first question in the Settlement Agreement. They requested that the question “be updated”.

6On July 27, 2021 the Respondent wrote to the Applicants and the CFSRB answering the eight questions in the Settlement Agreement.

7On August 12, 2021 the Applicants wrote to the CFSRB stating their disagreement with the answers provided by the Respondent.

ANALYSIS

8The Settlement Agreement was reviewed on June 25, 2021 with all parties and all parties gave verbal agreement to its terms. In doing so, they entered into a binding agreement. A Settlement Agreement will not be revised simply because, after the fact, one party wishes different wording. Thus, the only question before me is whether the Respondent complied with the terms of the Settlement Agreement.

9The August 12, 2021 correspondence from the Applicants sets out their disagreement with the answers provided by the Respondent. It also provides the Applicants’ view as to how the Respondent should have acted during its involvement with the Applicants’ family. It is clear that the Applicants disagree with many of the actions (or non-actions) of the Respondent during its involvement with their family. In their view, the Respondent should have handled that involvement differently.

10In my view, the July 27, 2021 correspondence from the Respondent satisfies the terms of the Settlement Agreement. The Respondent answered each of the eight questions it was required by the Settlement Agreement to answer. The Applicants’ disagreement with the Respondent’s actions and explanations for those actions does not establish non compliance. The Settlement Agreement required the Respondent to answer eight questions. It has done so.

11Accordingly, I find that the Respondent has complied with the Settlement Agreement.

ORDER

12The file is closed in accordance with the June 25, 2021 settlement.

CONFIDENTIALITY ORDER

13Pursuant 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 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.