CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
JH Applicant
-and-
The Children’s Aid Society of the Regional Municipality of Waterloo Respondent
DECISION
Adjudicator: Tracy Foster Date: July 24, 2025 Citation: 2025 CFSRB 95 Indexed As: JH v The Children’s Aid Society of the Regional Municipality of Waterloo (CYFSA s.120)
APPEARANCES
JH, Applicant No one appearing
The Children’s Aid Society of the Regional Municipality of Waterloo Ben McIvor, 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”).
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 that the Respondent has not heard her concerns relating to the following issues:
- The Applicant alleges that the Respondent failed to document and investigate the children’s father’s alleged mental, emotional and verbal abuse of the children when in his care.
- The Applicant alleges the children’s statements to the Respondent Worker were coerced under threats by their father.
4On June 25, 2025, the CFSRB scheduled a Pre-Hearing videoconference in this Application for July 4, 2025, commencing at 9:30 a.m.
5On July 15, 2024, the CFSRB re-scheduled the Pre-Hearing videoconference to July 24, 2025, commencing at 9:30 a.m.
ISSUE
6The issue is:
a. Should the Application be dismissed as abandoned?
RESULT
7The Application is dismissed as abandoned.
ANALYSIS
The Applicant failed to attend the July 4, 2025 Pre-Hearing
8A Pre-Hearing was originally scheduled via the Zoom application on July 4, 2025, at 9:30 a.m. The Applicant failed to attend the video conference.
9On July 7, 2025 the Applicant emailed the CFSRB advising that she had experienced a “panic/anxiety attack” on the day of the scheduled Pre-Hearing video conference. The CFSRB sent a Pre-hearing Report dated July 8, 2025, advising the parties that the Pre-Hearing would be rescheduled.
10On July 15, 2025, a Notice of Video Conference Pre-Hearing (“Notice”) was emailed to the parties notifying them that the Pre-Hearing was rescheduled to July 24, 2025.
11In the Notice sent to the parties on July 15, 2025 (and as it had done previously with Notice sent to the parties before the July 4, 2025 Pre-Hearing), the parties were cautioned as follows:
All parties are expected to attend and participate in the pre-hearing…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.
On July 21, 2025, the Applicant advised the CFSRB she was not available to attend the July 24, 2025 Pre-Hearing
12On July 21, 2025, the Applicant emailed the CFSRB, without copying the Respondent:
“I’m sooooo sorry, I just got wifi at my father’s house in Allenford. I’m vacationing with my kids for my birthday in Sauble at my families (sic) cottage and won’t be back until the first week of August.”
The CFSRB notified the Applicant that the July 24, 2025 Pre-Hearing would not be rescheduled
13On July 22, 2025, in a Case Management Direction (“CMD”) dated the same day, the CFSRB emailed the parties notifying the Applicant that it would not reschedule the Pre-Hearing, and that it was not persuaded that her vacation time is a reason to grant a second extension of the Pre-Hearing.
14The CMD directed the Applicant to advise the CFSRB whether she will attend the July 24, 2025, Pre-Hearing by 12:00 p.m. (noon) on July 23, 2025. The Applicant failed to contact the CFSRB.
15The CMD also provided notice to the Applicant that should she fail to attend the rescheduled Pre-Hearing, the Application may be dismissed as abandoned.
16The CFSRB has rescheduled the prehearing twice to accommodate the Applicant and has provided her with notice that the Application may be dismissed should she fail to attend and participate.
17The Applicant did not contact the CFSRB by July 23, 2025 at noon, or at any time up to today.
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.
Tracy Foster
Tracy Foster Member