Dr. Andrew Lustig

The defendants, Ontario Shores Centre for Mental Health Sciences and Dr. Omar Ghaffar, brought motions for summary judgment to dismiss a medical malpractice action.

The plaintiff, Donald Jameson Whitehead, failed to file any expert evidence or affidavit evidence in response, despite being self-represented and advised of the requirements.

The court found that the defendants had discharged their evidentiary burden by providing expert opinions that their care met the standard of care and that consent was properly obtained.

Given the plaintiff's failure to adduce expert evidence, which is generally fatal in medical malpractice cases except in the clearest of circumstances, the court concluded there was no genuine issue requiring a trial.

The motions for summary judgment were granted, and the action was dismissed.

The appellant appealed a decision of the Consent and Capacity Board under the Health Care Consent Act confirming that he was incapable of consenting to antipsychotic medication and maintaining his status as an involuntary patient.

The court applied the reasonableness standard of review, emphasizing the Board’s expertise in assessing capacity and mixed questions of fact and law.

The court found the Board provided procedural fairness, appropriately considered the evidence including hearsay, and reasonably relied on the psychiatrist’s testimony.

The Board correctly applied the two‑part statutory test for capacity, finding the patient unable to understand relevant treatment information or apply it to his circumstances.

The appeal was dismissed.