Eyitayo Dada

The appellant, an involuntary psychiatric patient diagnosed with a schizophrenic disorder, appealed a decision of the Consent and Capacity Board confirming he lacked capacity to consent to treatment with antipsychotic medication.

The appellant argued he was not provided adequate information about the treatment and that the Board failed to recognize his capacity fluctuated.

The Superior Court of Justice dismissed the appeal, finding the Board made no palpable and overriding error.

The evidence supported the Board's conclusion that the appellant's inability to recognize his illness prevented him from appreciating the reasonably foreseeable consequences of the proposed treatment.

The appellant appealed a Consent and Capacity Board decision finding him incapable of consenting to a community treatment plan and antipsychotic medications.

The Superior Court of Justice allowed the appeal, finding the Board committed a palpable and overriding error.

The treating psychiatrist could not recall informing the appellant of the benefits and consequences of the proposed treatment during the assessment, meaning the presumption of capacity was not displaced.

Furthermore, the community treatment plan was fatally defective because it was signed before the appellant was examined.