Court of Appeal for Ontario

CITATION: Kelly (Re), 2012 ONCA 265

DATE: 20120424

DOCKET: C54507

Before: Laskin, Rosenberg and Watt JJ.A.

IN THE MATTER OF: Howard Kelly

Counsel: Howard Kelly, acting in person Anita Szigeti, as amicus curiae Grace Choi, for the Attorney General Ewa Krajewska, for Ontario Shores Centre for Mental Health Sciences

Heard: April 23, 2012

On appeal against the disposition of the Ontario Review Board dated, July 5, 2011.

APPEAL BOOK ENDORSEMENT

[1] We recognize that the Board’s disposition is more restrictive of Mr. Kelly’s liberty than previous Board orders. However, we are satisfied that there was a solid evidentiary basis for the disposition and that therefore, it is not unreasonable.

[2] The Board’s reasons show that it took into account the possibility Mr. Kelly might make progress during the years after its disposition by specifically adverting to the possibility of an earlier hearing.

[3] The Board no doubt rejected the hybrid order proposed by amicus because it wanted to maintain oversight over Mr. Kelly’s disposition.

[4] The appeal is dismissed.