CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
JZZ
Applicant
-and-
The Children's Aid Society of Toronto
Respondent
INTERIM DECISION
Adjudicator: Tracy Foster
Date: August 15, 2025
Citation: 2025 CFSRB 109
Indexed As: JZZ v The Children's Aid Society of Toronto (CYFSA s.120)
WRITTEN SUBMISSIONS
JZZ, Applicant
Self-represented
The Children's Aid Society of Toronto, Respondent
Lucia Spampinato, Counsel
OVERVIEW
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, S.O. 2017, c.14, Sched.1 (the “Act”).
2The Applicant is the mother of the Child, her son, who is now an adult. The Applicant and/or her son were service recipients of the Respondent between early 2014 and late 2016. The Respondent was also involved with the Child in 2019.
3On July 2, 2025, the Application was deemed eligible to proceed under sections 120(4)4 and 120(4) 5 of the Act.
4The Applicant had previously filed an Application to the CFSRB with complaints about the Respondent on September 16, 2015 (the “2015 Application”), which was assigned file number CA15-0169. The 2015 Application resulted in a binding Settlement Agreement (“Agreement”) on October 26, 2015. The Board does not have any evidence that either party alleged non-compliance with the terms of the Agreement by the Non-Compliance date of November 30, 2015.
5In its Response, the Respondent submitted that the issues raised in the current Application “appear to be substantially similar to the Applicant’s prior complaints set out in her Application dated September 16, 2015.”
6The Respondent further submitted that:
The (current) Application is an attempt to relitigate the Applicant’s 2015 Application to the Board which was fully resolved, and therefore amounts to an abuse of process.
If there are any new complaints, they are best interpreted to be relating to a period subsequent to the family’s involvement with the Society, as well as subsequent to [the Child’s] 18th birthday.
The complaint is vague without the required specificity to enable the Society to adequately answer the claims.
7In a Case Management Direction dated July 15, 2025, the CFSRB directed that:
On or before July 23, 2025, the Applicant shall make written submissions on why proceeding with the current Application is not an abuse of the CFSRB process given that the complaints outlined in both Applications are substantially similar, appear to refer to the same timeframe in which the Applicant’s son was in the Respondent’s temporary care, and a binding settlement was reached on the 2015 Application.
The Respondent may, but is not required to, file a Reply on or before July 28, 2025.
8The Applicant provided submissions on July 28, 2025. The Respondent did not file a reply. The Applicant states that the issues she raises in the current Application arose after receiving disclosure from the Respondent. The Applicant alleges she was not heard and/or provided reasons by the Respondent with regards to the following issues:
Issue 1: The Applicant raised multiple concerns related to the care of her son after being placed in a group home by the Respondent in July 2015. The Applicant notes specific incidents including: “my son was missing on September18 (sic) when he had just turned 12, and the CAS “workers” in the Group Home even didn’t know my son was missing” and “[In October 2015] my son was beaten, causing him seriously injured, with two teeth almost knocked out and permanent scars left on his lip.”
Issue 2: The Applicant alleges that the Respondent’s plan was for her son to remain in its “long-term care” as opposed to “temporary care” and did not communicate its intentions to her.
Issue 3: The Applicant alleges that the Respondent retaliated against her after her 2015 CFSRB Application, resulting in her being forbidden from speaking to her son on the phone. She also stated that she was to receive daily emails from workers on her son’s progress, which did not happen.
Issue 4: The Applicant alleges that in 2019, the Respondent contacted her son, who was under the age of 16 at the time, to introduce him to the Children and Family Services for York Region.
ISSUE
9Are the issues raised by the Applicant the same as the issues raised in the 2015 Application (CA15-0169) and settled on October 26, 2015, or are they new issues that have yet to be considered?
RESULT
10Having reviewed the materials and written submissions of the parties, I find that the four issues in the current Application are new and/or different issues than those previously raised and settled on October 26, 2024.
ANALYSIS
Issue 1
11In the 2015 Application, the Applicant complains about the care and safety of her son while in the Group Home and refers to many incidents. In the current Application, the Applicant complains of incidents while her son was in the care of the Group Home that occurred after the previous Application was filed and are not referenced in the 2015 Agreement.
12I find this is a new and different issue and was not dealt with in the 2015 Application and Agreement.
Issues 2 through 4
13Issues 2 through 4 deal with complaints that either post-date, or were not referenced in, the 2015 Application or Agreement.
14I find these are new and different issues and were not dealt with in the 2015 Application and Agreement.
The CFSRB cannot order remedies outside of [Section 120(7)](https://www.canlii.org/en/on/laws/stat/so-2017-c-14-sch-1/latest/so-2017-c-14-sch-1.html) of the [Act](https://www.canlii.org/en/on/laws/stat/so-2017-c-14-sch-1/latest/so-2017-c-14-sch-1.html)
15In the current Application, the Applicant seeks financial compensation from the Respondent.
16Section 120(7) of the Act sets out what actions the CFSRB may take after reviewing a complaint:
17Section 120(7) After reviewing the complaint, the Board may,
(a) order the society to proceed with the complaint made by the complainant in accordance with the complaint review procedure established by regulation;
(b) order the society to provide a response to the complainant within a period specified by the Board;
(c) order the society to comply with the complaint review procedure established by regulation or with any other requirements under this Act;
(d) order the society to provide written reasons for a decision to a complainant;
(e) dismiss the complaint; or
(f) make such other order as may be prescribed.
18Under subsection 120(7) of the Act, there is not presently any “other order” that is “prescribed” to address complaints made to the CFSRB under section 120 of the Act.
19The remedy that the Applicant seeks is not within the jurisdiction of the CFSRB.
ORDER
20Issues 1 through 4 will proceed to a pre-hearing.
NEXT STEPS
21The parties will receive a Notice of Pre-hearing providing a date, time, and log in details. At the pre-hearing the parties will be offered an opportunity to mediate.
CONFIDENTIALITY ORDER
15Pursuant 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.
Tracy Foster
Tracy Foster
Member