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Appeal from Consent and Capacity Board dismissed; finding of incapacity to consent to treatment upheld.
The appellant appealed a decision of the Consent and Capacity Board finding him incapable of consenting to psychiatric treatment under the Health Care Consent Act.
The appellant, who had been found Not Criminally Responsible for uttering death threats, suffered from a delusional disorder and refused antipsychotic medication, denying he had a mental illness.
Applying the Vavilov framework, the Superior Court of Justice reviewed the Board's decision on a standard of palpable and overriding error.
The court found no error in the Board's conclusion that the appellant's refusal of treatment was a result of his delusional disorder, rendering him unable to appreciate the reasonably foreseeable consequences of his decision.
The appeal was dismissed.
Timetable set for filing materials on a motion for leave to appeal regarding capacity issues.
A case management conference was held to schedule a motion for leave to appeal an order regarding capacity and representation issues.
The court noted delays due to the COVID-19 pandemic and the self-represented status of two respondents.
The court set a timetable for the filing of materials and directed that the motion for leave to appeal proceed in writing.
