Dr. Duff

The appellant, who was found not criminally responsible for violent offences in 2002, appealed the Ontario Review Board's refusal to grant her an absolute discharge.

The Board had ordered the continuation of her conditional discharge, finding she remained a significant threat to public safety due to her history of medication non-compliance, limited insight into her mental illness, and lack of a concrete follow-up plan.

The Court of Appeal dismissed the appeal, holding that the Board did not misapply the test for significant threat to public safety and that its conclusion was reasonable and supported by psychiatric evidence.

Appeal under Part XX.1 of the Criminal Code from an Ontario Review Board disposition continuing the appellant's detention in hospital, while permitting community living under hospital supervision.

The sole issue was whether a conditional discharge could adequately replace the detention order for an NCR accused who required ongoing antipsychotic medication and rapid rehospitalization if non-compliant.

Relying on the treating psychiatrist's evidence, the court held that the Board reasonably found detention to be the least onerous and least restrictive disposition under s. 672.54 because a conditional discharge would not permit sufficiently prompt apprehension and return to hospital.

Appeal dismissed.

The appellant physician appealed a trial judgment finding them liable for medical malpractice following a colonoscopy procedure.

The trial judge found the physician breached the standard of care by failing to order an urgent CT scan when the plaintiff presented with severe abdominal pain and low haemoglobin, which would have diagnosed an intra-abdominal haemorrhage.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's assessment of the expert evidence on standard of care and causation.