The respondent psychiatrist brought a motion under s. 19 of the Health Care Consent Act seeking an interim treatment order while an appeal from a Consent and Capacity Board decision remained outstanding.
The appellant had appealed a finding that he was incapable of consenting to treatment but had taken no steps to advance the appeal, resulting in a statutory suspension of treatment.
Evidence from the treating psychiatrist demonstrated that the appellant’s untreated psychotic disorder had significantly deteriorated, leading to aggression toward another patient and heightened risk to himself and others.
The court held that the statutory criteria for interim treatment were satisfied, including that treatment would substantially improve the appellant’s condition and that the benefits outweighed the risks.
An interim treatment order authorizing treatment without consent was granted pending the final disposition of the appeal.