The applicant hospital brought a motion under s. 672.76 of the Criminal Code to suspend a disposition of the Ontario Review Board pending appeal.
The Board had ordered the respondent, who was found not criminally responsible, to be detained in a medium secure unit.
The applicant sought to transfer the respondent to a maximum security facility.
The Court of Appeal dismissed the motion, holding that suspending a Board disposition requires compelling evidence of extraordinary circumstances, which the applicant failed to provide as the evidence on the motion was the same as that considered by the Board.
