COURT OF APPEAL FOR ONTARIO

CITATION: Alexander (Re), 2014 ONCA 213

DATE: 20140320

DOCKET: C57147

Before: Doherty, Laskin and Feldman JJ.A.

IN THE MATTER OF: MICHAEL ALEXANDER (AKA MICHAEL McGRATH)

AN APPEAL UNDER PART XX.1 OF THE CODE

Counsel: Sara Abraham, for Michael Alexander Michael Fawcett, for the Crown Janice Blackburn, for the Person in Charge, Waypoint Centre for Mental Health Care

Heard: March 19, 2014

On appeal against the disposition of the Ontario Review Board, dated May 16, 2013.

APPEAL BOOK ENDORSEMENT

[1] The disposition is not unreasonable. It was common ground that the appellant posed a “significant risk”. It was open to the Board to accept the medical evidence as to the most appropriate hospital in which to detain the appellant. We defer to that decision.

[2] The appellant was given every opportunity to present his version of the events even after he, with the assistance of counsel, chose not to call evidence. There is no reason to think that the Board did not take the appellant’s comments into consideration.

[3] Although the Board did not refer to the appellant’s explanation for refusing to take medication, it is his refusal to take the medication rather than his explanation for that refusal that was most germane to the Board’s decision.

[4] The Board did not lose jurisdiction in granting the adjournment sought by both the appellant and the hospital. In any event, any potential loss of jurisdiction is cured by s. 672.53. The appellant cannot demonstrate any prejudice much less “substantial prejudice”.

[5] The appeal is dismissed.