Megan O’Brien

This case involved an appeal from a Consent and Capacity Board decision that found the appellant, Gina Benz, mentally incapable of consenting to or refusing treatment for her mental disorder with antipsychotic medications.

The appellant argued the Board erred by conflating her disagreement with her diagnosis with incapacity.

The appeal was ultimately dismissed as moot because the appellant had been discharged from the hospital and was residing in the community, no longer under the respondent's care.

The court confirmed that despite the dismissal, the appellant's future right to apply for a review of any finding of incapacity would not be barred due to the passage of time.

The defendant, John Hancock, brought a motion to dismiss or stay the action, arguing that a forum selection clause in the parties' agreement required the plaintiff, Infinite Media, to bring its claim in Boston, Massachusetts.

Infinite Media contended the clause mandated claims be brought in Ontario, specifically in the responding party's city or county within Ontario.

The court interpreted the clause holistically, considering the agreement's wording and factual matrix, and found that all claims were intended to be brought in Ontario, in the responding party's city or county.

The motion to dismiss or stay was dismissed.