LAB v Hamilton-Wentworth District School Board, 2024 CFSRB 63

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

LAB Appellant

-and-

Hamilton-Wentworth District School Board Respondent

DECISION

Adjudicator: Catherine Bickley Date: May 24, 2024 Citation: 2024 CFSRB 63 Indexed As: LAB v Hamilton-Wentworth District School Board (Education Act s.311.7)

INTRODUCTION

1This is an Appeal filed with the Child and Family Services Review Board (“CFSRB”) under section 311.7 of the Education Act, of the Respondent’s decision to expel the Appellant’s child, CB, from their school.

ISSUE

2Has the Appellant abandoned the Appeal?

RESULT

3The Appellant has abandoned the Appeal and it must be dismissed.

THE APPELLANT HAS ABANDONED THE APPEAL

The Appellant’s Departure from the May 9, 2024 Pre-Hearing

4The CFSRB held a Pre-Hearing by videoconference at 11:00 a.m. on May 9, 2024. The purpose of the Pre-Hearing was to discuss next steps in the CFSRB’s process and to ensure that the self-represented Appellant understood the process.

5Shortly after the start of the videoconference, the expelled student, CB, disrupted the proceeding by repeatedly shouting. Following several minutes of the Appellant trying and failing to calm CB, I stated that if CB continued to disrupt the proceeding it would be necessary to reschedule the event for another time. After several more minutes off camera and muted, the Appellant disconnected from the proceeding.

6At 11:33 a.m., when the Appellant had neither rejoined the videoconference nor contacted the CFSRB, I adjourned the proceeding.

The Appellant’s Failure to Respond to the May 13, 2024 Case Management Direction

7The CFSRB issued a Case Management Direction (“CMD”) on May 13, 2024 directing the Appellant to advise by May 21, 2024 whether she wished to continue with the Appeal. The CMD warned that if the Appellant did not communicate with the CFSRB by May 21, 2024, the Appeal may be dismissed as abandoned.

8The CMD was sent to the email address used by the Appellant to communicate with the CFSRB and was not returned as undeliverable. I am satisfied that the Appellant received the CMD.

9The Appellant did not contact the CFSRB by May 21, 2024 or at any time to date.

10For the above reasons, I conclude that the Appellant has abandoned the Appeal and the Appeal must be dismissed.

ORDER

11The Appeal 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 Appeal 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.