BS v. Children and Family Services for York Region, 2025 CFSRB 176

BETWEEN:

Applicant

-and-

Children and Family Services for York Region

Respondent

DECISION

Adjudicator: Rupinder Hans

Date: December 04, 2025

Citation: 2025 CFSRB 176

Indexed as: BS v Children and Family Services for York Region (CYFSA s.120)

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 held a videoconference hearing in this Application on September 10, 2025. In a decision dated October 8, 2025 (the “Decision”), the CFSRB found that the Applicant was not provided with sufficient reasons on two of three concerns. The Decision contained a confidentiality order consistent with Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure.

3In a written request to the CFSRB on November 14, 2025 (the “Request”), the Applicant seeks that the CFSRB waive the confidentiality order in the Decision so he can provide a copy of the Decision and related materials to his family lawyer and submit the Decision as evidence or background information “in an Ontario family court matter involving parenting and decision-making” for his children (the “Court”).

ISSUE

4The issue is whether the CFSRB should waive the confidentiality order in the Decision to enable the Applicant to use the Decision in Court and provide a copy of the Decision and related materials to his family lawyer.

RESULT

5The CFSRB denies the Applicant’s request to waive the confidentiality order in the Decision to allow him to use the Decision in Court and grants the request to allow him to provide a copy of the Decision and related materials to his family lawyer.

ANALYSIS

6I find that the Applicant has not provided any persuasive reason to depart from the CFSRB’s usual practice of waiving confidentiality only in exceptional circumstances with regards to providing the Decision to the Court. The Applicant has provided a persuasive reason with regards to sharing the Decision and related materials with his family lawyer.

7I note the Decision contained a confidentiality order consistent with Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure which govern the confidentiality of documents and decisions in CFRSB proceedings, as follows:

9.3 Subject to an order of the Court or the CFSRB, parties and their representatives shall not use documents or information obtained under these Rules or in the course of the CFSRB's proceeding for any purpose other than the proceeding before the CFSRB.

9.4 All CFSRB decisions are subject to a confidentiality order and may also contain information subject to section 87(8) of the CYFSA, 2017. The CFSRB publishes a redacted version of its decisions. No one shall circulate, reproduce, communicate or publish any information contained in or obtained from an unredacted decision of the CFSRB without first obtaining an order of the CFSRB or the Court.

8The questions considered and decided by the CFSRB in the Decision were whether the Respondent had complied with its obligations under subsection 120(4)5 of the Act to provide the Applicant with sufficient reasons for decisions that affected his interests.

9The Application was upheld in part. The CFSRB found that the Respondent provided the Applicant with sufficient reasons for why the Respondent did not inform the Applicant of a serious incident involving his son and why this incident was not investigated. However, the Respondent did not provide sufficient reasons for the following:

i. why the Applicant was investigated when harm was alleged, and the mother was not; and

ii. why the Respondent’s worker recommended a communication strategy between parents that was contrary to a condition that stipulated that the Applicant have no contact with the mother?

10The Respondent was ordered to provide detailed written reasons for the above two concerns.

11In the Request, the Applicant states that the Court matter involves “parenting and decision-making for my children.” The Applicant states he is seeking to provide the Court with an accurate context of what occurred with the Respondent, and the findings made by the CFSRB. The Applicant also seeks to provide a copy of the Decision and related materials to his family lawyer.

12In my view, the Applicant did not provide any persuasive reason for waiving confidentiality with regards to the Court. He wants to provide a copy of the Decision to the Court as evidence or background information to provide an accurate context of what occurred with the Respondent. However, he does not provide any details on how the Decision is relevant to the issues pending before the Court, specifically, parenting and decision-making for his children.

13Moreover, the Court proceeding involving parenting and decision-making for the children will focus on the best interests of the child. The CFSRB made no findings relevant to that determination and it cannot do so in a section 120 application.

14However, I find the Applicant should be permitted to provide the Decision and related materials to his family lawyer who is his legal representative and is representing his interests in the family court matter. While the Decision made no findings involving parenting and decision-making for the children, nonetheless, I find the Applicant should be permitted to have his legal representative review the Decision and related materials in the context of continuing to provide legal representation to the Applicant. I further note the legal representative would be bound by the confidentiality provisions in the Decision.

ORDER

15The Applicant’s request that the CFSRB waive the confidentiality order to enable him to provide a copy of the Decision to Court is denied.

16The Applicant’s request that the CFSRB waive the confidentiality order to enable him to provide a copy of the Decision and related materials to his family lawyer is granted.

CONFIDENTIALITY ORDER

17Pursuant 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.

Rupinder Hans

Vice-Chair