Dr. Persinger

The appellant, found not criminally responsible on account of mental disorder, appealed a disposition of the Ontario Review Board ordering his detention in a minimum secure unit.

He argued the Board lacked jurisdiction due to a delayed hearing, the detention order was unreasonable, and the Board failed to address the hospital's refusal to grant off-ward privileges.

The Court of Appeal dismissed the appeal, finding the Board retained jurisdiction despite the delay, the detention order was reasonable given the appellant's risk to the public, and the Board implicitly addressed the privileges issue by reducing his security level.

The applicant, who was self-represented, sought the appointment of an amicus curiae and an order for interim benefits as conditions for adjourning her arbitration hearing for statutory accident benefits.

The insurer had requested the adjournment pending a judicial review on a related procedural issue.

The arbitrator granted the request to appoint a lawyer as a 'friend of the court' to assist the unrepresented applicant.

Furthermore, the arbitrator ordered the insurer to pay interim income replacement benefits of $231.81 per week as a condition of the adjournment, finding that the applicant had demonstrated a serious issue to be tried regarding her disability and that the interim benefits would address the prejudice caused by the delay.