DP v. The Children’s Aid Society of the Districts of Sudbury and Manitoulin, 2022 CFSRB 50

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

DP Applicant

-and-

The Children’s Aid Society of the Districts of Sudbury and Manitoulin Respondent

DECISION

Adjudicator: Tamara Jordan Date: October 14, 2022 Citation: 2022 CFSRB 50 Indexed As: DP v The Children’s Aid Society of the Districts of Sudbury and Manitoulin (CYFSA s.120)

APPEARANCES

DP, Applicant

No one appearing

The Children’s Aid Society of the Districts of Sudbury and Manitoulin

Renée Costantini, Legal Counsel Maxine Lemieux, Representative

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 sections 120(4) and (5) of the Act.

4The first pre-hearing of this Application was held on September 21, 2022. As set out in the related Pre-Hearing/Mediation Report, on the consent of both parties, that pre-hearing was adjourned to a future date and time, October 13, 2022 at 10 a.m., to accommodate the Applicant.

5On September 22, 2022, the CFSRB sent the parties a Notice of Video Conference Pre-Hearing/Mediation to be held on October 13, 2022 commencing at 10:00 a.m. This notice was sent to the Applicant’s email noted in the Application and from which the Applicant corresponded with the CFSRB as recently as September 19, 2022. There was no bounce back email from the Applicant.

6The Applicant was not present at the start of the October 13, 2022 pre-hearing.

7Counsel for the Respondent informed me that the Respondent had reduced its involvement with the Applicant since the September 21, 2022 pre-hearing, in a way that the Applicant would have experienced favourably, and this may have reduced some of the Applicant’s concerns in her Application.

8After waiting 10 minutes on the video conference, the CFSRB attempted to contact the Applicant at the telephone number noted in her Application to confirm whether she would be attending the pre-hearing/mediation. The CFSRB was unable to reach the Applicant and this telephone number appeared to be out of service.

9The CFSRB then sent an email to the Applicant informing her of the prehearing that had commenced at 10:00 a.m. and requested that the Applicant inform the CFSRB as soon as possible if she intended on participating. There was no response or bounce back email from the Applicant.

10After waiting 30 minutes on the video conference, the Applicant did not attend.

11The teleconference ended at 10:35 a.m.

analysis

12I am satisfied that the Applicant received the September 22, 2022 Notice of Video Conference Pre-Hearing/Mediation as it was sent to the email address that the Applicant provided to the CFSRB and from which the Applicant had recently corresponded with the CFSRB. The emailed Notice of Video Conference Pre-Hearing/Mediation was not returned as undeliverable.

13The pre-hearing was adjourned from September 21, 2022 to October 13, 2022 to accommodate the Applicant’s schedule. The 10:00 a.m. start time of the October 13, 2022 pre-hearing was requested by the Applicant.

14The Applicant did not attend the pre-hearing at any time between 10:00 and 10:35 a.m. nor did she contact the CFSRB to indicate she was having any difficulty in accessing the video conference line.

15Counsel for the Respondent indicated that at least some of the Applicant’s concerns in her Application may have been allayed by the reduced involvement of the Respondent with the Applicant.

16The Notice of Video Conference Pre-Hearing/Mediation included the following warning:

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

17I conclude that the Applicant has abandoned her Application.

order

18The Application is dismissed as abandoned.

confidentiality order

19Pursuant 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.