DATE: 20040608

DOCKET: C41215

COURT OF APPEAL FOR ONTARIO

RE:

DAVID W. WOOD (Appellant) – and – WHITBY MENTAL HEALTH CENTRE, and HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (MINISTRY OF THE ATTORNEY GENERAL) (Respondents)

BEFORE:

ABELLA, MOLDAVER and BORINS JJ.A.

COUNSEL:

Anthony Balka

for the appellant

Sonal Gandhi

for the respondent Whitby Mental Health Centre

Riun Shandler

for the respondent the Ministry of the Attorney General

HEARD AND ENDORSED:

June 7, 2004

On appeal from the dispositions of the Ontario Review Board dated November 6, 2003 and November 14, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] We see no basis for interfering with the disposition of the ORB. The ORB did not misapprehend the evidence it had, and its decision to override the joint submission was a reasonable one in the circumstances.

[2] The appeal is dismissed.