The appellant, a psychiatrist, appealed a decision of the Consent and Capacity Board which found the respondent capable of consenting to treatment (antipsychotic medication).
The appellant argued the Board made a legal error by applying the wrong test for capacity and palpable and overriding errors of mixed law and fact by misapprehending crucial medical evidence.
The court dismissed the appeal, finding no legal error in the Board's application of the capacity test under the Health Care Consent Act, and no palpable and overriding error in its factual findings, including its assessment of the connection between the respondent's behavior and medication.
