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

[1] The Board followed the legal template set out in Pinet v. St. Thomas Psychiatric Hospital 2004 S.C.R. 21.

[2] The Board’s factual finding of dangerousness was fully supported by the evidence accepted by the Board.

[3] The Board’s finding that a detention order was necessary and provided the “least onerous and least restrictive” was also fully supported by the evidence.

[4] The 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.

[5] The appeal is dismissed.