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.
