3 total
Consent and Capacity Board decision ordering palliative care quashed due to fresh evidence of patient's stabilization.
The appellant, acting as substitute decision-maker for her incapable mother, appealed a Consent and Capacity Board decision ordering her to consent to a palliative plan of care.
The Board had found that the mother's condition would continue to deteriorate and that the palliative plan was necessary to allow her transfer to a chronic care facility.
On appeal, fresh evidence demonstrated that the mother had stabilized on continuous ventilation and had already been transferred to the chronic care facility without adopting the palliative plan.
The Superior Court of Justice admitted the fresh evidence, found that the evidentiary foundation of the Board's decision had fundamentally shifted, and quashed the Board's decision as unreasonable.
Appeal from Consent and Capacity Board dismissed; 28-day delay in issuing CTO was not unreasonable.
The appellant appealed a decision of the Consent and Capacity Board finding him incapable of consenting to treatment and confirming a Community Treatment Order (CTO).
The appellant argued that the 28-day delay between the signing of the Community Treatment Plan and the issuance of the CTO breached the Mental Health Act.
The Superior Court of Justice applied the reasonableness standard of review and upheld the Board's finding that the renewal was made in conformity with the Act, concluding there was no undue delay given the administrative processes involved.
Optometrist found guilty of professional misconduct for substandard pediatric care; restricted from treating young children.
The College of Optometrists of Ontario brought allegations of professional misconduct against Dr. Anthony Angelone for failing to maintain the standard of practice in his care of sixteen pediatric patients between 2009 and 2014.
The member admitted to the allegations, acknowledging failures to properly diagnose and treat conditions such as amblyopia and refractive errors.
The Discipline Committee accepted an Agreed Statement of Facts and found the member guilty of professional misconduct.
The Committee also accepted a Joint Submission on Penalty, ordering a reprimand, $10,000 in costs, mandatory continuing education, and a condition restricting the member from treating children eight years of age and under until the successful completion of a mentorship program.