DS v. Children’s Aid Society of Hamilton, 2023 CFSRB 16

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

DS

Applicant

-and-

Children’s Aid Society of Hamilton

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: February 13, 2023

Citation: 2023 CFSRB 16

Indexed As: DS v Children’s Aid Society of Hamilton (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”).

2This decision explains why the CFSRB is dismissing the Application.

BACKGROUND

3The CFSRB found the Application eligible to proceed under sections 120(4)4 and 120(4)5 of the Act.

4The Applicant checked “yes” in response to Question 9 (Has the concern above been dealt with in Court). As a result, the Respondent was directed to address in its Response whether section 120(8)(a) of the Act barred the CFSRB from reviewing the Application. The Applicant was then given an opportunity to make submissions on this issue.

5The Applicant’s submissions were due on January 9, 2023. The CFSRB reminded the Applicant of this deadline on January 3, 2023. On January 9, 2023, the Applicant advised the CFSRB that she had been ill. She requested, and was granted, an extension to January 12, 2023.

6The CFSRB did not receive any submissions or other communication from the Applicant on January 12, 2023. Instead, on January 16, 2023, the following email exchange took place between the Applicant and a CFSRB Case Processing Officer:

Applicant: Sorry I broke my cellphone on the 12th after I sent in my submissions. I had forgot to send it as a reply and forgot to add the file number. So I’m not sure if you got it. Do I need to file a review or is what I sent still acceptable and did you receive it?

CFSRB: We have not received a response from you. If you can reforward the email that you had previously sent that shows the date you had send it, that would be great. Thank you,

Applicant: That is a screen shot I believe of the response but it does state 830 am on the 13th I believe it was slightly delayed due to my data running out but I did send before midnight on the 12th. I just forgot to add the file number and than I broke my phone screen. I have been having trouble sending it all in one file because I can not use Microsoft word so on WPS office when I attempt to attach my citations and exhibits it is greyed out so it must be in 3 separate. If you wish I can do it from the library but that will take another hour or so. Which do you prefer?

CFSRB: If you would like to send it in separate emails that is fine. If you would like to send it all together at once from the library that is also fine. Please advise.

7The CFSRB sent the Applicant follow up emails on January 18, 20 and 26, 2023. The Applicant did not respond. Nor did she file any submissions.

8In a February 2, 2023 Case Management Direction, the CFSRB warned that the Application was at risk of being dismissed as abandoned and extended the deadline for the Applicant’s submissions (originally due January 9, 2023) to February 9, 2023.

analysis

9The Applicant requested and was granted an extension. On January 16, 2023, she discussed with the Case Processing Officer, by email, different ways to send her submissions. She did not respond to three follow up emails from the CFSRB nor did she respond to the February 2, 2023 Case Management Direction.

10The February 2, 2023 Case Management Direction warned that the Application may be dismissed as abandoned in the absence of further communication from the Applicant. The Case Management Direction was sent to the email address which the Applicant has used in communicating with the CFSRFB and was not returned as undeliverable. I am satisfied that the Applicant received the Case Management Direction.

11The Applicant has neither filed submissions nor otherwise communicated with the CFSRB since January 16, 2023.

12I conclude that the Applicant has abandoned the Application. Accordingly, it must be dismissed.

order

13The Application is dismissed.

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 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.