Gayle Whalen appealed a decision of the Consent and Capacity Board, which found her incapable of consenting to treatment with anti-psychotic medications and mood stabilizers.
The appeal focused on the Board's finding that Whalen lacked the ability to appreciate the reasonably foreseeable consequences of her treatment decisions, as per section 4(1) of the Health Care Consent Act, 1996.
The Superior Court of Justice upheld the Board's decision, finding that the Board applied the correct legal test and that its conclusion was reasonable, given the evidence of Whalen's persistent denial of her mental disorder and need for treatment.
The appeal was dismissed without costs.
