CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
OF
Applicant
-and-
The Children’s Aid Society of Toronto
Respondent
DECISION
Adjudicator: Michelaine Lahaie
Indexed as: OF v The Children’s Aid Society of Toronto (CYFSA s.120)
WRITTEN SUBMISSIONS
OF, Applicant
Self-represented
The Children’s Aid Society of Toronto, Respondent
SC, Counsel
OVERVIEW
1This is an Application (the “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 children (the “children”) named in the Application. She filed her Application with the CFSRB on December 2, 2025. It was found eligible to proceed on December 8, 2025 under section 120(4)4 of the Act, in that the Applicant alleged that she was not given the opportunity to be heard and represented when decisions affecting her interests were made, or a chance to be heard when she raised concerns about the services she is receiving.
3The Respondent filed its response on December 19, 2025, seeking to have the Application dismissed.
ISSUE
4The issue is whether the CFSRB has the jurisdiction to review the Application.
RESULT
5I find that the CFSRB does not have jurisdiction to review the Application, and it must be dismissed.
ANALYSIS
6Rule 22.1 of the CFSRB Rules of Procedure directs that the CFSRB will either make its decision based on an application and response or decide to hold a hearing within twenty days of determining eligibility. I find that I have sufficient information before me to render a decision in this matter.
7The Application is quite narrow in scope. The Applicant complains about an anonymous referral made to the Respondent that she alleges to be false. The referral references the Applicant’s “wellness.” The Applicant states that the “report” was read to her in a redacted format. She alleges that the referral indicates that she would harm herself and her children. In the Application, the Applicant included a statement from the individual who she believed made the referral indicating that they never made such a claim.
8The Applicant seeks the following outcomes:
a. An investigation into the “report,” including proof of the “alleged allegations”; and
b. A non-redacted copy of the “report” to be provided to both police and her lawyer.
9The Respondent seeks to have the Application dismissed. The Respondent argues that the complaint does not directly relate to a service sought or received because it appears to relate to what was disclosed by an anonymous referral source and not the direct conduct of the Society itself. The Respondent also argues that the Applicant was advised of “the substance and details of what was reported by the referral source”. The Respondent indicated that the investigation into the allegations is still ongoing.
10Additionally, the Respondent indicated that that the investigation was commenced following four referrals from different sources. The Respondent provided a chronology of its communications with the Applicant since these referrals and argued that the Applicant was given multiple opportunities to be heard.
Part X Personal Information
11Section 312 of the Act details and describes an individual’s right of access to personal information and the possible restrictions that a service provider may impose to limit that right of access. Section 313 of the Act describes the process that an individual can use to access a record of personal information held by the service provider. In the context of this Application, the service provider is the Respondent.
12Section 314(8) of the Act indicates that an individual may complain to the Information and Privacy Commissioner of Ontario if their request to access personal information is refused, in whole or in part.
13I find that the Application focuses on seeking access to personal information, which falls exclusively under the jurisdiction of the Information and Privacy Commissioner of Ontario, as indicated in Part X of the Act. The CFSRB does not have the jurisdiction to direct the Respondent to provide copies of reports or referrals to the Applicant.
CFSRB Remedies Available
14As relief, the Applicant seeks an investigation and a direction that an unredacted copy of the report to which she refers be provided to the police and to her lawyer.
15Even if the CFSRB had determined that the complaint was within its jurisdiction, the remedies available for complaints under Section 120 of the Act are limited in scope. Section 120(7) of the Act states that the CFSRB 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; or
e) dismiss the complaint.
16Essentially, section 120(7) articulates the sole remedies available to the CFSRB for complaints against a society. In applications filed under section 120, the CFSRB does not act as an appeal body for decisions made by the society. Instead, the CFSRB’s focus is on the quality of communications between the Respondent and the Applicant, particularly where the Respondent made decisions that may have affected the Applicant’s interests, and whether the Respondent heard the Applicant and provided the Applicant with reasons for its decisions.
17The CFSRB does not have the authority to conduct investigations nor to direct that a unredacted copy of the report be provided to the Applicant. As such, the remedies sought by the Applicant are not available to the CFSRB.
ORDER
18The Application is dismissed.
CONFIDENTIALITY ORDER
19Pursuant 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, January 02, 2026.
Michelaine Lahaie
Michelaine Lahaie
Vice-Chair