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Motion to dispense with filing transcripts and signed order for leave to appeal dismissed.
The self-represented moving party sought orders dispensing with the requirement to file transcripts and a signed copy of the order being appealed in her motion for leave to appeal to the Divisional Court.
The moving party argued that filing these documents would prejudice her by acknowledging procedural irregularities and the presence of non-parties.
The court dismissed the motion, finding that the transcripts were not required under the rules in the first place, and that the signed order was a mandatory component of the motion record that caused no prejudice.
Costs were awarded to the respondents on a partial indemnity basis.
Appeal regarding capacity to consent to treatment dismissed as moot after respondent's discharge.
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.
