Dr. Craig Hudson

The accused, previously found not criminally responsible for second-degree murder, appeared before the Ontario Review Board for an annual review of his disposition.

The accused brought motions arguing the Board lost jurisdiction due to delay and alleging bias and misconduct by the clinical team and Board members.

The Board dismissed the motions, finding the delays were necessary to protect the accused's rights and the other issues were beyond its jurisdiction or previously decided.

On the merits, the Board accepted the attending psychiatrist's evidence that the accused remains a significant threat to public safety due to untreated schizophrenia and ongoing paranoid ideation.

The Board ordered the continuation of the existing Detention Order at a high secure facility.

The appellant, Jerome Williams, appealed the Ontario Review Board’s decision ordering his continued detention in the High Secure Provincial Forensic Programs Division at Waypoint Centre for Mental Health Care.

Williams argued that he no longer posed a significant threat to public safety and sought an absolute discharge, or alternatively, a transfer to a medium secure facility.

The Court of Appeal for Ontario dismissed the appeal, finding that the Board’s assessment of risk and the necessity of continued detention at Waypoint were reasonable and supported by the evidence, particularly in light of ongoing concerns about medication compliance and substance use.

Following the dismissal of the plaintiffs' motion for certification in a systemic negligence class action against a psychiatric hospital and the Province of Ontario, the successful defendants sought costs.

Waypoint claimed approximately $1.3 million and Ontario claimed approximately $815,000.

The court found the claimed amounts to be fair and reasonable given the complexity of the case and the resources expended by the plaintiffs.

Applying section 31 of the Class Proceedings Act, the court applied an approximate 10% discount due to the public interest nature of the litigation, awarding Waypoint $1,170,000 and Ontario $735,000 in partial indemnity costs.