The applicant sought an urgent injunction to prevent the respondent physician from performing an apnea test on the patient, who had suffered a severe brain injury, to determine neurological death.
The patient's mother, acting as substitute decision-maker, refused consent for the test and applied to the Consent and Capacity Board to determine if the test constituted 'treatment' under the Health Care Consent Act.
The physician argued the test was an assessment not requiring consent and that the Board lacked jurisdiction.
The court granted the injunction, holding that the Board is the appropriate body to determine at first instance whether an apnea test constitutes 'treatment' requiring consent under the Act, and that the RJR-MacDonald test for an interim injunction was met.
