The appellant appealed a disposition of the Ontario Review Board transferring him to a maximum-security facility.
The appellant argued that the hospital breached its statutory duty under s. 672.56(2) of the Criminal Code by failing to provide notice of an increase in restrictions on his liberty.
The Court of Appeal accepted that a breach occurred, but found the issue moot given the Board's subsequent transfer decision.
The Court dismissed the appeal, finding the Board's decision was supported by unchallenged expert evidence from the treating physician that the appellant was not suitable for a medium-security placement.