MC v. Windsor-Essex Children's Aid Society, 2026 CFSRB 48

BETWEEN:

MC Applicant

-and-

Windsor-Essex Children's Aid Society Respondent

DECISION

Adjudicator: Tracy Foster Date: March 30, 2026 Citation: 2026 CFSRB 48 Indexed as: MC v Windsor-Essex Children’s Aid Society (CYFSA s.120)

OVERVIEW

1This is an Application filed under section 120 and section 119 of the Child, Youth and Family Services Act, 2017, S.O. 2017, c.14, Sched.1, (the “Act”).

2The Applicant is the aunt of the Child (“SC”) named in the Application. The Applicant complains about how the Respondent has addressed her reported child protection concerns for her nephew, SC.

3This decision explains why the Application is not eligible for review by the CFSRB.

ISSUE

4The issue is:

Is the Application eligible for review by the CFSRB?

RESULT

5The CFSRB finds that the Application is not eligible for review.

ANALYSIS

6In paragraph 6 of the Application, where an applicant identifies why they have applied to the CFSRB, the Applicant checked off the following boxes, which are matters that the CFSRB may review under Subsection 120(4) of the Act:

The Society did not give you a chance to be heard when decisions that affected your interests were made
The Society did not give you a chance to be heard when decisions that affected your interests were made.
The Society did not give you reasons for its decisions that affect your interests.
The Society refused to proceed with your complaint.

7 Subsections 120(1) and 119(1) of the Act states that a person may complain about a service they sought or received from a society and that complaint may be made to either the society or the CFSRB, or both.

The CFSRB cannot review complaints from individuals who did not receive a service from a society

8For a complaint to be eligible for review by the CFSRB under sections 120 and 119 of the Act, an Applicant must meet two threshold tests. First, an Applicant must demonstrate that they have sought or received a service, as defined under subsection 2(1) of the Act, from a children’s aid society. Once that is established, then the CFSRB must determine whether the Applicant’s complaint set out in their application relates to the service they sought or received.

9 Subsection 2(1) of the Act, defines “service”:

(a) a service for a child with a developmental or physical disability or the child’s family,

(b) a mental health service for a child or the child’s family,

(d) a service for a child who is or may be in need of protection or the child’s family,

(e) a service related to adoption for a child, the child’s family or others,

(f) counselling for a child or the child’s family,

(g) a service for a child or the child’s family that is in the nature of support or prevention and that is provided in the community,

(h) a service or program for or on behalf of a young person for the purposes of the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or

(i) a prescribed service; (“service”).

10The jurisdiction for the CFSRB to hear complaints under Subsection 120 and 119 of the Act applies only to those who have sought or received services.

11Although the Applicant has reported concerns to the society, she is not the child’s caregiver and there is no evidence in the Application that she has sought or received any services from the Respondent as defined in the Act. Therefore, the Applicant’s complaints are not within the jurisdiction of the CFSRB and the Application must be dismissed.

ORDER

12The Application is dismissed.

CONFIDENTIALITY ORDER

13Pursuant 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

Member