RK v. York Region Children’s Aid Society, 2024 CFSRB 149

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

RK Applicant

-and-

York Region Children’s Aid Society Respondent

DECISION

Adjudicator: Caroline Sand Date: December 12, 2024 Citation: 2024 CFSRB 149 Indexed As: RK v York Region Children’s Aid Society (CYFSA s.120)

Introduction

1This is an Application filed under section 120 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched. 1, (the “Act”)

ISSUE

2Has the Applicant abandoned the Application?

RESULT

3The Applicant has abandoned the Application and it must be dismissed.

ANALYSIS

The Applicant did not attend the November 26, 2024 Pre-Hearing Videoconference

4On November 26, 2024, the Applicant did not attend the scheduled pre-hearing videoconference.

5In the Notice of Video Conference Pre-Hearing emailed to the parties on November 8, 2024, the CFSRB notes:

All parties are expected to attend and participate in the pre-hearing... If the Applicant does not attend after receiving notice, the Application may be dismissed as abandoned.

6The Notice of Video Conference Pre-Hearing was sent to the email address provided in the Application and was not returned as undeliverable. I conclude that the Applicant received that Notice.

7In its November 29, 2024 Pre-Hearing Report, the CFSRB directed the Applicant to advise in writing by Monday, December 9, 2024, whether she wished to proceed with her Application, or withdraw it. The Applicant was also directed to advise the Tribunal if she wanted Jennifer King to continue as her Representative.

8The Pre-Hearing Report stated that if the Applicant does not advise the CFSRB of whether to proceed with her Application or withdraw it by December 9, 2024, the CFSRB may determine the Applicant abandoned her Application.

9The Pre-Hearing Report was sent to the email address provided in the Application and was not returned as undeliverable. I conclude that the Applicant received the Report.

10The Applicant did not contact the CFSRB by December 9, 2024, or at any time up to today. I conclude that she has abandoned her Application and it must be dismissed.

ORDER

11The Application is dismissed.

CONFIDENTIALITY ORDER

12Pursuant 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.