DATE: 20040812

DOCKET: C37729

COURT OF APPEAL FOR ONTARIO

RE:

GIUSEPPE PIETRANGELO (Appellant (Applicant)) – and – DR. KRISHNA BALACHANDRA and REGIONAL MENTAL HEALTH CARE (ST. THOMAS) (Respondents (Responding Parties)

BEFORE:

ROSENBERG, ARMSTRONG and BLAIR JJ.A.

COUNSEL:

Giuseppe Pietrangelo

In person

Marshall Swadron amicus curiae

Janice E. Blackburn

for the respondent

HEARD & ENDORSED:

August 9, 2004

On appeal from the decision of Justice Gordon P. Killeen of the Superior Court of Justice, sitting at St. Thomas on January 2, 2002, dismissing the appeal from the decision of the Consent and Capacity Board dated August 22, 2001.

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

[1] We agree with counsel for the respondents that this appeal is moot. We are also of the view that this is not a proper case for us to exercise our discretion and hear the appeal on its merits. While the appellant has raised four questions that are important to him, they would not be resolved by hearing this appeal. His questions deal with the nature of the statutory scheme that are no longer in issue and whose constitutionality has not been impugned.

[2] The issue raised by amicus concerning a possible solution to the problem where the patient resists appointed counsel is an interesting one, but is no longer in issue here. It is a matter that apparently arises with some frequency and therefore would be better dealt with in the context of a case where there is an actual live factual matrix and all the necessary parties are before the court and concerned with the outcome.

[3] Accordingly the appeal is quashed as moot.