Cynthia Clarke

The appellant appealed from a Superior Court judgment confirming a Consent and Capacity Board decision that found her incapable of consenting to treatment for paranoid schizophrenia.

The Court of Appeal reviewed the decision on a standard of reasonableness.

While acknowledging that a person cannot be found to lack capacity solely for denying illness or refusing treatment, the Court found no basis to interfere with the Board's conclusion.

The Board's finding was supported by cogent medical evidence that the appellant was incapable of weighing the reasonably foreseeable risks and benefits of taking or refusing medication.

The appeal was dismissed.

The appellant physician appealed a decision of the Health Professions Appeal and Review Board (HPARB) confirming the suspension of his hospital privileges until he completed a remedial anaesthetist review program.

The appellant argued he was denied procedural fairness when confronted with multiple complaints without prior notice.

The Divisional Court found that while the initial process was flawed, the hospital cured the defect by agreeing to an independent expert review.

Applying a standard of reasonableness, the Court held the HPARB properly concluded there was a legitimate concern for patient safety warranting remedial action.

The appeal was dismissed.