The appellant doctor appealed a Superior Court decision that reversed a Consent and Capacity Board finding that the respondent was incapable of consenting to proposed psychiatric treatment.
Following the commencement of the appeal, the respondent's NCR verdict was overturned, he was discharged from the facility, and the proposed treatment was never commenced.
The Court of Appeal dismissed the appeal as moot, declining to exercise its discretion to hear the case as a decision would have no practical effect on the parties and the appellant's concerns regarding a prior capable wish could be addressed under section 36 of the Health Care Consent Act.
