DATE: 20061003

DOCKET: M34207 (C44995)

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) Respondent

-and- DENNIS LUCIEN LEPAGE (Appellant) Respondent

–and- ADMINISTRATOR, MENTAL HEALTH CENTRE, PENETANGUISHENE (Respondent) Respondent -and- ONTARIO REVIEW BOARD Applicant/Moving Party

BEFORE:

MCMURTRY, C.J.O. (In Courtroom Ten)

COUNSEL:

Joe Wright

for the Moving Party, Proposed Intervenor, Ontario Review Board

Grace Choi

for the Respondent/Respondent in Appeal,

The Attorney General of Ontario

B. Beattie

For the Respondent/Respondent in Appeal,

Mental Health Centre, Penetanguishene

Denis Lucien Lepage

In person Respondent/Appellant in Appeal,

Anita Szigeti

Respondent/Amicus in Appeal

HEARD:

October 3, 2006

E N D O R S E M E N T

[1] The Ontario Review Board is granted leave to intervene in this appeal on the following conditions:

(a) The intervenor will take no position as to the merits of the appeal generally and in particular it will take no position as to the bias or lack of due process alleged in relation to the hearing under appeal.

(b) The intervenor may file an affidavit and a brief factum, not to exceed 10 pages, explaining the general practices of the Board in relation to the assignment of panel members to conduct hearings and the reasoning underlying such assignments, without reference to the particular panel whose conduct has been brought into question on this appeal.

(c) The panel hearing the appeal will determine the admissibility of and weight to be given to the affidavit.

(d) The intervenor shall serve and file the affidavit and its factum no later than Tuesday, October 10, 2006.

(e) The Crown and hospital shall serve and file their responding factums no later than Wednesday, October 11, 2006.

(f) The appeal will be heard October 16, 2006 as previously scheduled.

"R. Roy McMurtry C.J.O."