The appellant hospital appealed a disposition of the Ontario Review Board that ordered the transfer of a mental disorder detainee to another hospital but failed to provide for interim custody or privileges pending the transfer.
Although the detainee was eventually transferred, rendering the appeal moot, the Court of Appeal exercised its discretion to hear the case because the issue is evasive of review and likely to recur.
The Court held that the Board's failure to include interim custody and privilege terms was unreasonable and legally wrong, as it resulted in a disposition that was not the least onerous and least restrictive to the detainee.
