CITATION: Lebatchi v. Center for Addiction and Mental Health, 2012 ONCA 2
DATE: 20120105
DOCKET: C54145
COURT OF APPEAL FOR ONTARIO
Laskin, MacPherson and Lang JJ.A.
BETWEEN
Ramin Lebatchi
Plaintiff/Appellant
and
Center for Addiction and Mental Health
Defendant/Respondent
Ramin Lebatchi, in person
E. Krajewska, for the defendant/respondent
Heard: January 3, 2012
On appeal from the judgment of Justice Kevin W.V. Whitaker of the Superior Court of Justice dated May 24, 2011.
APPEAL BOOK ENDORSEMENT
[1] The appellant’s claim against the Center for Addiction and Mental Health (CAMH) was based on his allegedly improper detention, treatment and medication while he was involuntarily detained at the hospital. CAMH moved to dismiss the appellant’s action and in support delivered an expert report providing an opinion that CAMH met and exceeded the standard in its care of the appellant. In the absence of any evidence challenging this opinion, the motion judge was entitled to conclude that there was no issue concerning the appropriateness of the appellant’s treatment that required a trial. We see no error in this conclusion. The appeal is dismissed. No costs.