Gillian T. Hnatiw

The appellant appealed a Consent and Capacity Board decision confirming her incapacity to consent to anti-psychotic medication and a Community Treatment Plan, and confirming a Community Treatment Order.

The Superior Court upheld the Board's finding on incapacity, noting the appellant's lack of insight into her condition.

However, the court granted the appeal regarding the Community Treatment Order, finding it invalid because the Community Treatment Plan was not 'entered into' by all required parties within 72 hours of the physician's examination, as required by the Mental Health Act.

In an undefended civil trial arising from historic childhood sexual assaults by an uncle against two nieces, the court found liability for sexual assault and battery and held that causation flowed from that tort without requiring findings on the remaining pleaded torts.

Relying on expert psychological evidence, the court awarded substantial non-pecuniary, aggravated, punitive, future care, past care, and loss of earning capacity damages for enduring trauma, PTSD-related symptoms, anxiety, depression, and functional impairment.

A family member's derivative claim under s. 61 of the Family Law Act failed for lack of evidence.

The plaintiffs also received prejudgment interest and substantial indemnity costs.