A physician brought a motion seeking authorization to administer psychiatric treatment to a hospitalized patient pending the patient’s appeal from a Consent and Capacity Board decision finding her incapable of consenting to treatment.
The motion was brought under s.19 of the Health Care Consent Act, 1996.
The court reviewed extensive clinical evidence documenting the patient’s deteriorating mental and physical condition, including escalating psychosis, delusions, hallucinations, refusal of food, and significant weight loss after discontinuing medication.
The court held that all criteria under s.19(2) were satisfied: treatment was likely to substantially improve the patient’s condition, the benefits outweighed risks, the treatment was the least intrusive option, and urgent treatment was necessary before the appeal could be heard.
The court therefore authorized interim treatment pending the appeal.