CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
AT
Applicant
-and-
The Children’s Aid Society of the Niagara Region
Respondent
DECISION
Adjudicator: Karynn von Cramon
Indexed As: AT v The Children’s Aid Society of the Niagara Region (CYFSA s.120)
APPEARANCES
AT, Applicant
No one appearing
The Children’s Aid Society of the Niagara Region, Respondent
Vesna Benic-Mayer, 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 CFSRB found the Application eligible to proceed under section 120(4)4 of the Act.
3The Application consists of the following complaints:
The Applicant alleges the Respondent has not heard the Applicant’s concerns relating to the following issues:
The care the children were receiving in their grandmother’s home which the Applicant shared with the supervisor and child protection worker on July 3, 2025.
The father’s substance abuse.
The Respondent’s treatment of the Applicant during their meeting on July 3, 2025.
4On August 26, 2025, the CFSRB scheduled a pre-hearing videoconference in this Application for September 16, 2025, commencing at 9:30 a.m.
ISSUE
5The issue is:
a. Should the Application be dismissed as abandoned?
RESULT
6The Application is dismissed as abandoned.
ANALYSIS
The Applicant Did Not Attend the September 16, 2025, Pre-Hearing
7As part of the Notice of Video Conference Pre-Hearing emailed to the parties on August 26, 2025, the parties were instructed as follows:
“All parties are expected to attend and participate in the pre-hearing. You may attend with your legal representative and/or a support person. If a party does not attend the pre-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.”
8As the Applicant was not present at the start of the pre-hearing on September 16, 2025, at approximately 9:35 a.m., the CFSRB emailed the Applicant informing her that the pre-hearing had started and was waiting for her and asking her to advise if she would be participating or was having any issues logging in. The CFSRB also called the Applicant and left a voice mail.
9The Respondent advised the CFSRB that they last had contact with the Applicant on September 4, 2025, and that at that time she advised that she was seeking a new residence.
10The CFSRB sent emails to both the email provided by the Respondent and the email the CFSRB had been using to communicate with the Applicant up to September 8, 2025, when the Applicant confirmed with the CFSRB that Zoom chat could meet her accommodation needs for the pre-hearing scheduled for September 16, 2025. The email sent to the address provided by the Respondent was undeliverable, but the email sent to the address the CFSRB has been using throughout was not returned undeliverable.
11After waiting 30 minutes for the Applicant, the CFSRB invited the Respondent to make submissions relating to the Applicant’s failure to attend the pre-hearing. The Respondent submitted that it had provided a detailed response to the Applicant regarding her concerns and that given the Applicant’s decision not to attend the pre-hearing, the Respondent sought that the Application be dismissed. The CFSRB reserved its decision to dismiss the Application pending hearing from the Applicant and the pre-hearing was concluded at approximately 10:05 a.m.
The Applicant did not Respond to the CFSRB’s September 16, 2025, Directions
12On September 16, 2025, the CFSRB emailed a Pre-Hearing Report to the parties summarizing the events of September 16, 2025 (“PHR”). At paragraph 9 of the PHR, the Applicant was directed to email the CFSRB, copying the Respondent, by no later than September 23, 2025, at 4:00 p.m. confirming:
a. Whether she seeks to reschedule the pre-hearing or withdraw the Application; and
b. All possible dates in the next four weeks she is available for a full-day pre-hearing video conference, should she be seeking to reschedule the pre-hearing.
13At paragraph 10 of the PHR, the CFSRB notified the Applicant:
Should the Applicant fail to confirm with the CFSRB the required information in paragraphs 9(a) and 9(b) by September 23, 2025, at 4:00 p.m. the CFSRB may dismiss the Application.
14The email to the Applicant on September 16, 2025, containing the PHR was not returned as undeliverable.
15The Applicant did not respond to the directions of the CFSRB set out in the PHR to contact the CFSRB with specific information by September 23, 2025.
16The Applicant has not contacted the CFSRB since her email to the CFSRB on September 8, 2025.
17The CFSRB has provided the Applicant with notice on two occasions that the Application may be dismissed should she fail to participate or respond to the CFSRB.
18I conclude that the Applicant has abandoned her Application.
ORDER
19The Application is dismissed as abandoned.
CONFIDENTIALITY ORDER
20Pursuant 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.
Dated, September 26, 2025.
Karynn von Cramon
Karynn von Cramon
Member