Kiersten Taylor

The applicant filed a Request for Order During Proceedings to add a doctor as an individual respondent to her human rights application against a hospital.

The application alleged a failure to accommodate her multiple chemical sensitivities.

The Tribunal applied the Smyth and Persaud factors and denied the request, finding that the doctor's individual conduct was not a central issue and that adding him 17 months after the incident would cause significant prejudice.

The appellant appealed a decision upholding a finding of incapacity to consent to treatment with antipsychotic medication.

The Court of Appeal found that the Consent and Capacity Board's decision was unreasonable because there was no evidence that the proposed treatment would benefit the appellant, nor any evidence of the consequences of refusing treatment.

The appeal was allowed and the finding of incapacity was set aside.