CHILD AND FAMILY SERVICES REVIEW BOARD
BETWEEN:
SM
Applicant
-and-
Children's Aid Society of Algoma
Respondent
DECISION
Adjudicator: Tracy Foster
Date: March 18, 2026
Citation: 2026 CFSRB 40
Indexed as: SM v Children’s Aid Society of Algoma (CYFSA s.120)
Introduction
1This is an Application filed 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 (“Children”) who are the subject of the Application. She has filed three previous applications with the CFSRB against the Respondent.
3The Applicant alleges the Respondent did not provide her with an opportunity to be heard or provide reasons when decisions that affected her interests were made. The Applicant also alleges the Society did not proceed with her complaint.
4The Applicant characterizes her complaint as an “error in legal process during Trial FEB-24-2025 TO MAR-3-2025 (Justice KWOLEK).” The Applicant provided multiple court documents with her Application. The Applicant also provided a copy of an Internal Complaints Review Panel (“ICRP”) form.
ISSUE
5Is the Application eligible for review by the CFSRB?
RESULT
6I find that the the Application is not eligible for review by the CFSRB and therefore it must be dismissed.
analysis
CFSRB Jurisdiction
The Applicant’s complaints are not separate and different from the substantive issues that are before the court or were decided by the court
7The Applicant’s complaints relate to:
Allegations that the Respondent provided incorrect, incomplete and/or omitted documents in its court materials;
Allegations that the Respondent did not meet the terms mandated by the Act and “Family Law Rules” regarding trials in family law/child protection; and
Allegations that the Judge was not provided with the documents mandated by law to be before the Judge at Trial.
8Section 120(8)(a) of the Act provides that 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.
9The Court of Appeal for Ontario in Children’s Aid Society of Waterloo v. D.D., 2011 ONCA 441 held that the mere existence of child protection proceedings does not bar the CFSRB from reviewing complaints about services received from a children’s aid society if the complaints are separate and different from the substantive issues before the court.
10I find that the Applicant’s complaints relate to issues that have been before the court. The complaints are matters of court procedure and the Applicant had the opportunity to bring forward any issues related to this and to cross-examine the Respondent on these issues. As such, the CFSRB has no jurisdiction to hear the complaints listed in paragraph [8].
The Applicant’s ICRP complaints are the same issues she submitted to the CFSRB
11The Applicant further complained that the Respondent did not proceed with her ICRP complaint. However, subsection 119(11)a of the Act mirrors subsection 120(8)a of the Act in that the Respondent also cannot review a complaint that has been decided by or is before the court.
12Thus, I find that the CFSRB does not have the jurisdiction to order the Respondent to proceed with her complaint.
The Applicant seeks remedies outside the jurisdiction of the CFSRB
13The Applicant seeks the following remedies: grounds for a mistrial, return the children to the Applicant’s care, reparation from the Respondent for damages and court costs.
14Section 120(7) of the Act details the limited remedies available to the CFSRB in section 120 matters. None of the remedies requested by the Applicant are available to the CFSRB.
15As such, even if the CFSRB had jurisdiction to review the complaints submitted by the Applicant, the CFSRB lacks the jurisdiction to order any of the Applicant’s requested remedies.
ORDER
16The Application is dismissed.
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.
Tracy Foster
Tracy Foster
Member