Court of Appeal for Ontario

Citation: Kalra v. (Re), 2015 ONCA 262

Date: 20150417

Docket: C59244

Judges: Doherty, Cronk and Hourigan JJ.A.

IN THE MATTER OF GAURAV KALRA

AN APPEAL UNDER PART XX.1 OF THE CODE

Counsel: Andrew Menchynski, for the appellant Kevin Rawluk, for the Crown respondent Michelle O’Bonsawin, for the Brockville Mental Health Centre

Heard: April 1, 2015

On appeal against the disposition of the Ontario Review board, dated July 9, 2014.

APPEAL BOOK ENDORSEMENT

[1] Considering the entirety of the record, including the earlier disposition of this court and the medical evidence before the Board, we cannot say that the Board’s order continuing the status quo (conditional discharge) was unreasonable or reflected a failure to approach its task in accordance with the binding authorities. We do not read Winko as requiring that the Board identify a specific risk or harm in its assessment.

[2] The evidence referable to certain cultural reactions to mental illness was not challenged before the Board. In any event, the Board dealt with the attitude of the appellant’s parents toward his illness as opposed to the merits of the cultural explanation for that attitude. The Board was correct in taking that approach and did not misapprehend that evidence.

[3] The appeal is dismissed.