CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
JM
Applicant
-and-
Family and Children's Services of Lanark, Leeds and Grenville
Respondent
DECISION
Adjudicator: Tracy Foster
Indexed As: JM v Family and Children’s Services of Lanark, Leeds and Grenville (CYFSA s.120)
WRITTEN SUBMISSIONS
JM, Applicant
no submissions provided
Family and Children's Services of Lanark, Leeds and Grenville, Respondent
Nyasha Size, Legal 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”).
2On August 12, 2025, the CFSRB found the Application eligible to proceed under subsections 120(4)4 and 120(4)5 of the Act.
3The Application consists of the following complaint:
The Applicant alleges that she was not heard by the Respondent when she complained that the Respondent Worker allegedly enabled criminal harassment by her neighbour and used “unfounded and false allegations” to remove her children.
ISSUE
4The issue is:
Should the Application be dismissed as abandoned?
RESULT
5The Application is dismissed as abandoned.
ANALYSIS
The Applicant Failed to Provide Submissions to Support the CFSRB’s Review of Her Complaint
6On August 20, 2025, the Respondent filed its Response to the Application, and in it, sought to have the Application dismissed because the matter is before the courts. Pursuant to s.120(8) of the Act, the CFSRB shall not conduct a review of a complaint under this section if the subject of the complaint is an issue that has been decided by the court or is before the court.
7As part of its submissions to the CFSRB, the Respondent included the Respondent’s Amended Protection Application (“Protection Application”), dated February 27, 2025, and the Court’s Endorsement of the Protection Application dated August 6, 2025.
8On August 22, 2024, the CFSRB issued a Case Management Direction (“CMD”) that directed the Applicant, at paragraph 6, as follows:
On or before August 28, 2025, the Applicant shall provide written submissions to the CFSRB on whether the issues in the Application are separate and different from the substantive issues before the Court.
9The CMD further noted, at paragraph 9:
If the Applicant does not make written submissions…, the CFSRB may decide the jurisdictional issue on the basis of the Application and Respondent or may dismiss the Application as abandoned.
10The CMD was emailed to the parties on August 22, 2025. There was no email “bounce back” from the Applicant’s email address noting it as undelivered.
11The Applicant did not respond to the directions in the CMD.
12I conclude that the Applicant has abandoned her Application.
ORDER
13The Application is dismissed as abandoned.
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 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