Lisa Leinveer

The appellant, Brandon Mott, appealed a Consent and Capacity Board decision that found him incapable of consenting to anti-psychotic medication.

Mott, diagnosed with schizophrenia, denied his illness and argued the Board failed to consider reported side effects and the role of substance use in his mental health history.

The Board had concluded Mott was unable to appreciate the foreseeable consequences of declining treatment due to his inability to recognize the manifestations of his mental condition, a finding upheld by the court.

The appeal was dismissed, with the court finding no palpable and overriding error in the Board's decision.

The applicant brought a motion seeking an order that her sister, the respondent, undergo a capacity assessment.

The underlying application involved a family dispute over the ownership of a residential property and concerns that the respondent, who has lifelong cognitive limitations, was vulnerable to undue influence by another sibling.

Applying the factors from Abrams v. Abrams, the court found reasonable grounds to believe the respondent was incapable and that an assessment was necessary to determine if she required a litigation guardian and a guardian of property.

The motion was granted, and the respondent was ordered to submit to a capacity assessment.