I. Aniekwe

The appellant, a 20-year-old diagnosed with schizophrenia, appealed a Consent and Capacity Board decision upholding a doctor's finding that he was incapable of making treatment decisions regarding anti-psychotic medication.

The Superior Court of Justice allowed the appeal, finding that the Board and the doctor applied the incorrect legal test by requiring the appellant to accept his diagnosis and have an actual appreciation of the consequences of treatment.

The court also found that the Board erred in considering the appellant's best interests and the impact of his refusal on his family, and made a palpable and overriding error by failing to make necessary inquiries to assess capacity.

The Board's decision was quashed, and the appellant's presumption of capacity was restored.

The appellant, diagnosed with schizoaffective disorder, appealed a decision of the Consent and Capacity Board upholding his treating psychiatrist's finding that he was incapable of making treatment decisions regarding anti-psychotic medication.

The appellant argued the physician applied the wrong legal test, lacked corroborating evidence under the Evidence Act, and that the record did not support a finding of incapacity.

The Superior Court of Justice dismissed the appeal, finding the Board correctly concluded the physician applied the proper test, the evidence was sufficiently corroborated by other doctors and the appellant's own testimony, and the record supported the finding that the appellant's denial of any mental condition rendered him incapable of appreciating the consequences of treatment.