The appellant, George Bennett, appealed a Superior Court decision that upheld a finding of incapacity by the Consent and Capacity Board regarding his ability to make treatment decisions about antipsychotic medication.
The appellant argued the Board erroneously preferred historical evidence over current evidence and erred in its assessment of his ability to appreciate the benefits of the medication.
The Court of Appeal, stepping into the shoes of the Superior Court, dismissed the appeal, finding no palpable and overriding error in the Board's decision.
The court affirmed that historical medical evidence can properly support an assessment of current capacity and that the Board was entitled to make credibility findings and prefer expert evidence.
