RB v. Children’s Aid Society of Oxford County, 2024 CFSRB 90

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

RB Applicant

-and-

Children’s Aid Society of Oxford County Respondent

DECISION

Adjudicator: Martina Dwyer Date: August 26, 2024 Citation: 2024 CFSRB 90 Indexed As: RB v Children’s Aid Society of Oxford County (CYFSA s.120)

APPEARANCES

RB, Applicant No one appearing

Children’s Aid Society of Oxford County, Respondent Mary Ann Costea, Counsel

OVERVIEW

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”).

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

3The Application consists of the following complaints:

The Applicant alleges that the Respondent has not heard the Applicant’s concerns or provided reasons for decisions made by the Respondent relating to the following issues:

• The Respondent’s alleged failure to hear the Applicant’s concerns and provide her with reasons for its changing position or providing her with first and last month’s rent as she had requested of the Respondent; and
• The Respondent’s alleged failure to hear the Applicant’s concerns and provide her with the reasons for proposing to remove her child from her care.

ISSUE

4The issue is:

Should the Application be dismissed as abandoned?

RESULT

6The Application is dismissed as abandoned.

ANALYSIS

5A case management direction was released on May 28, 2024. The Respondent provided its will-say statement for its witnesses and document brief; however, the Applicant did not provide the same. The Applicant was to provide the above documents no later than May 29, 2024, at 1:00 p.m.

May 30, 2024, adjournment of the hearing

6A hearing of the Application commenced on May 30, 2024. At the outset of the hearing, the Applicant stated that she did not receive all the documents required from the Respondent. The Respondent stated they did not receive all the Applicant’s documents. The issue of document disclosure was reviewed with the parties. In addition, the procedure of a hearing and the jurisdiction of the CFSRB concerning the relief requested by the Applicant was explained to both parties. Timelines were ordered for disclosure, and the hearing was adjourned.

June 20, 2024, Applicant’s departure from the hearing

7A hearing was commenced on June 20, 2024. The Applicant had a computer that she had arranged for the hearing as she had indicated that her son had broken her computer. I explained the hearing process and reviewed the issues before the outset of the hearing. The Applicant started to give her evidence, but shortly thereafter, she abruptly terminated her participation in the hearing. At that point, her testimony only related to the first issue in her Application.

8The Applicant later sent an email indicating she could not proceed with the hearing on this day as she felt overwhelmed. The Respondent submitted that the hearing should proceed; they opposed the adjournment.

Communication with the Applicant regarding the hearing up to August 12, 2024

9On July 4, 2024, the CFSRB scheduled a video conference hearing for this Application for August 14, 2024, commencing at 9:30 a.m.

10The Applicant was sent an email on July 4, 2024, by the CFSRB, following up on how the CFSRB could best support the Applicant for the upcoming hearing. The CFSRB offered to provide technical support if needed.

11As part of the Notice of Video Conference Hearing emailed to the parties on July 4, 2024, the parties were instructed as follows:

All parties are expected to attend and participate in the hearing. You may attend with your legal representative and/or a support person. If a party does not attend the hearing after receiving notice, it may proceed in their absence. If the Applicant does not attend after receiving notice, the Application may be dismissed as abandoned.

12On July 4, 2024, the Applicant accepted the CFSRB’s invitation to attend the August 14, 2024, hearing videoconference.

13CFSRB followed up with the Applicant on August 1, 2024, regarding the hearing on August 14, 2024. The Applicant had not responded if she required a public access terminal or telephone to participate in the hearing. CFSRB requested that the Applicant confirm that she could access technology such as a computer or cell phone.

14On August 12, 2024, the Applicant confirmed that she would be present by telephone for the hearing.

The Applicant’s failure to attend the August 14, 2024, hearing

15The hearing started at 09:30 a.m. As the Applicant was not present at the start of the hearing on August 14, 2024, at 9:45 a.m., the CFSRB emailed the Applicant, informing her that the hearing had commenced and she needed to sign in immediately.

16Immediately after emailing the Applicant and again until 10:00 a.m., the CFSRB telephoned the Applicant and left voicemail messages informing her that the hearing had commenced and requesting a callback or email confirming whether the Applicant would be attending. The CFSRB called the Applicant around ten times, and then the Applicant’s phone was turned off, and all messages were sent directly to voicemail.

17After waiting 30 minutes for the Applicant, the CFSRB invited the Respondent to make submissions relating to the Applicant’s failure to attend the hearing. The Respondent submitted the hearings have been adjourned twice already. The Applicant had abandoned the last hearing on June 20, 2024, and the CFSRB had been accommodating to the Applicant by rescheduling the hearing. The Applicant decided not to attend the hearing, so the Respondent sought that the Application be dismissed. The CFSRB reserved its decision. The hearing concluded around 10:10 am.

18The Applicant has not contacted the CFSRB since her email to the CFSRB on August 12, 2024.

19The Applicant was aware of the date and time of the hearing as she accepted the CFSRB’s invitation. Further, as recently as two days before the hearing, the Applicant confirmed that she would attend. The CFSRB has notified the Applicant on three occasions, April 5, 2024, June 3, 2024, and July 4, 2024, that the Application may be dismissed should she fail to participate or respond to the CFSRB. I conclude that the Applicant has abandoned her Application.

ORDER

20The Application is dismissed as abandoned.

CONFIDENTIALITY ORDER

21Pursuant 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.