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Appeal from Consent and Capacity Board dismissed; finding of incapacity for antipsychotic and ancillary medications upheld.
The appellant appealed a Consent and Capacity Board decision finding him incapable of making treatment decisions regarding antipsychotic and ancillary side effect medications.
The appellant argued the Board erred in finding that the reasonably foreseeable consequences of the treatment were that his condition would improve, and erred in finding him incapable regarding ancillary medications without specific evidence.
The Superior Court of Justice dismissed the appeal, holding that the Board's findings were reasonable and supported by the psychiatric evidence.
The court also confirmed that under section 23 of the Health Care Consent Act, a finding of incapacity for a primary treatment extends to necessary and ancillary treatments, including side effect medications.
Tribunal grants partial document production in police promotion discrimination case, denying broad statistical requests as premature.
The applicant, a police officer alleging racial discrimination and reprisal in a promotion process, brought a preliminary motion for the production of documents and particulars.
The applicant sought extensive statistical and personnel records based on assertions made by the respondent in its Response.
The Tribunal ordered the hearing bifurcated between liability and remedy on consent.
The Tribunal granted the production of certain documents, including the resume of a comparator officer, policies on the promotion of racialized officers, and redacted endorsements of other candidates.
However, the Tribunal denied most of the requests for broad statistical data and personnel files of other officers, finding them not arguably relevant to the core issues of the specific promotion decision and alleged reprisals at this early stage of the proceeding.
Request for summary hearing denied as issues require hearing evidence on the merits.
The respondent Kimberly Rose requested a summary hearing in an application alleging discrimination with respect to services because of disability.
The Tribunal denied the request, noting that the issues raised by the parties could only be resolved after hearing evidence on the merits, and that summary hearings are intended for applications where allegations may be legally insufficient to constitute a case to be answered.
