COURT OF APPEAL FOR ONTARIO

CITATION: Hamid (Re), 2012 ONCA 588

DATE: 20120907

DOCKET: C55418

Rosenberg, Blair and Rouleau JJ.A.

IN THE MATTER OF: Hasibullah Hamid

Bernadette Saad, for the appellant

Phillipe Cowle, for the Attorney General

Jean D. Buie, for the Centre for Addiction and Mental Health

Heard: September 6, 2012

On appeal against the disposition of the Ontario Review Board dated, December 7, 2012.

APPEAL BOOK ENDORSEMENT

[1] The appellant submits that the Board did not make the least onerous and least restrictive disposition because it did not give the Hospital discretion to permit the appellant to live in the community but not with his daughters. In our view, the disposition was reasonable. The Board did not misapprehend the evidence and its findings are supported by the evidence. The evidence was that the appellant was obsessed with living with his daughters and that nothing should interfere with that. Community living was simply not a viable option at that time.

[2] Accordingly, the appeal is dismissed.