Mohan Sharma

The appellant appealed a decision of the Consent and Capacity Board finding him incapable of consenting to treatment for schizophrenia and confirming his involuntary admission.

The Superior Court of Justice found that the Board made palpable and overriding errors by concluding the appellant lacked capacity simply because he denied having schizophrenia, and by ignoring evidence that he appreciated the consequences of treatment.

The Court also found insufficient evidence to support the Board's conclusion that the appellant's mental disorder would likely result in serious physical impairment due to missed dialysis appointments.

The appeal was allowed, the Board's decision was quashed, and the appellant was ordered released from hospital.

The plaintiff brought a motion for summary judgment to enforce a vendor take-back mortgage, promissory note, and personal guarantee following the sale of a coin laundry business to the defendants.

The defendants opposed the motion and brought a cross-motion for production of financial records, arguing the plaintiff misrepresented the business's income.

The court granted the plaintiff's motion, finding no genuine issue for trial.

The court enforced the entire agreement clause in the purchase agreement, noting the defendants had ample opportunity to conduct due diligence, verify the income, and walk away from the transaction before closing.