DATE: 20040915
DOCKET: C41145
COURT OF APPEAL FOR ONTARIO
RE: HYUNG SUNG LEE (Appellant) v. CENTER FOR ADDICTION AND MENTAL HEALTH (Respondent) and THE ATTORNEY GENERAL OF ONTARIO (Respondent)
BEFORE: MCMURTRY C.J.O., DOHERTY and LANG JJ.A.
COUNSEL: Patricia Carson for the appellant Roger Shallow for the respondent, Attorney General of Ontario J.E. Blackburn for the CAMH
HEARD & ENDORSED: September 13, 2004
On appeal from the disposition of the Ontario Review Board dated October 3, 2003.
APPEAL BOOK ENDORSEMENT
1The Board followed the legal template set out in Pinet v. St. Thomas Psychiatric Hospital 2004 S.C.R. 21.
2The Board’s factual finding of dangerousness was fully supported by the evidence accepted by the Board.
3The Board’s finding that a detention order was necessary and provided the “least onerous and least restrictive” was also fully supported by the evidence.
4The appellant has an annual review coming up in a few weeks. No doubt the Board will give careful consideration to the appellant’s conduct over the last year.
5The appeal is dismissed.