The appellant, an involuntary psychiatric patient diagnosed with schizophrenia, appealed a Consent and Capacity Board decision confirming his treating physician's finding that he was incapable of consenting to treatment with antipsychotic and ancillary medications.
The appellant argued the Board misapplied the test for capacity and improperly shifted the burden of proof.
The Superior Court of Justice dismissed the appeal, finding the Board reasonably applied the statutory test and Supreme Court jurisprudence in concluding the appellant's mental disorder prevented him from appreciating the reasonably foreseeable consequences of refusing treatment.
