Dr. Virginia Duff

The Ontario Review Board granted the respondent an absolute discharge.

The hospital appealed, relying entirely on fresh evidence of the respondent's conduct following his release, which included resuming marijuana use, engaging in threatening behaviour, and facing new criminal charges.

The Court of Appeal admitted the fresh evidence, finding it overwhelmingly demonstrated that the respondent remained a significant threat to public safety.

The appeal was allowed and a new hearing before the Board was ordered.

The respondent was found not criminally responsible for aggravated assault and other charges.

The Ontario Review Board granted him an absolute discharge, finding he no longer posed a significant risk to public safety.

The hospital appealed, seeking to introduce fresh evidence that the respondent had rapidly decompensated, resumed substance abuse, and become aggressive shortly after his discharge.

The Court of Appeal admitted the fresh evidence, finding it could reasonably have affected the board's decision as it undermined the factual foundation of the absolute discharge.

The appeal was allowed and the matter remitted to the board for a rehearing.