The appellant appealed a decision of the Consent and Capacity Board confirming his involuntary admission under s. 20(5) of the Mental Health Act and a finding that he was incapable of consenting to treatment under s. 4(1) of the Health Care Consent Act, 1996.
The court held that the Board’s finding of involuntary status was unreasonable because it relied on unreliable hearsay evidence and insufficient medical evidence to establish a likelihood of serious bodily harm or serious physical impairment.
However, the court upheld the Board’s determination that the appellant lacked capacity to consent to treatment, finding clear, cogent, and compelling evidence that he was unable to appreciate the reasonably foreseeable consequences of refusing treatment due to his mental condition.
The appeal was therefore allowed in part.
The involuntary status finding was set aside, but the incapacity determination was confirmed.
