DATE: 20050627

DOCKET: C42605

COURT OF APPEAL FOR ONTARIO

RE:

IN THE MATTER OF Eldon James Peter Hardy (Accused)

BEFORE:

SHARPE, BLAIR and MacFARLAND JJ.A.

COUNSEL:

Susan E. Fraser

for the appellant

Kenneth L. Campbell

for the Crown

HEARD & ENDORSED:

June 23, 2005

On appeal from the disposition of the Ontario Review Board dated June 22, 2004.

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

[1] As this review developed, the hospital’s position regarding the appellant’s request for a transfer shifted in light of the information received on the eve of the hearing from St. Joseph’s in St. Thomas. The appellant proceeded with the hearing but then requested an adjournment which the Board refused on the basis that it would not have been helpful at that time. The Board has a discretion to conduct its own proceedings and we cannot say that it erred in law in refusing the adjournment. Accordingly, the appeal is dismissed.

[2] However, we are concerned by the fact that no steps have been taken to obtain the information requested by St. Thomas. The appellant informs the court that he is willing to undergo testing. If such testing is necessary for further consideration of his transfer, we urge that the testing be completed at the earliest practicable opportunity to ensure respect for Mr. Hardy’s legal right to have an assessment fairly determined on the basis of all required evidence.