The appellant appealed a decision of the Consent and Capacity Board confirming an involuntary psychiatric admission and finding the appellant incapable of consenting to certain forms of treatment under the Health Care Consent Act.
By the time the appeal was heard, the appellant had been discharged from the treating facility and was under the care of a different physician, with subsequent admissions and new incapacity findings having occurred.
The court concluded there was no longer a live controversy between the parties because the treatment relationship underlying the Board decision had ended.
Applying the mootness principles articulated in Borowski v. Canada (Attorney General), the court declined to exercise its residual discretion to hear the matter.
The appeal was dismissed as moot, leaving the Board’s earlier decision as the final disposition of the application.
