An appeal from a disposition of the Ontario Review Board dated November 17, 2017.
The appellant sought an absolute discharge or, alternatively, a conditional discharge.
The Court of Appeal dismissed the appeal, finding that counsel had conceded at the hearing before the Board that an absolute discharge was not being sought, and that the evidence fully justified this concession.
The court found no air of reality to the conditional discharge argument, noting that the instability of the appellant's condition was a central concern of the psychiatrists and required ongoing treatment and monitoring.