The appellant appealed a disposition of the Ontario Review Board.
The Court of Appeal rejected the appellant's constitutional argument and found the finding of detention in hospital was not unreasonable.
However, the Court held that the Board erred by applying an 'appropriate' standard rather than the 'least onerous and least restrictive' test to the level of detention and conditions, contrary to Tulikorpi and Pinet.
The appeal was allowed and the matter remitted to the Board for an expedited re-hearing.
