Court of Appeal for Ontario

Citation: O'Donnell (Re) 2015 ONCA 882

Date: 20151211

Docket: C60675

Before: Doherty, Pepall and Tulloch JJ.A.

IN THE MATTER OF: FREDERICK O’DONNELL

AN APPEAL UNDER PART XX.1 OF THE CODE

Counsel: Jill R. Presser and Jeff Marshman, for the appellant Andreea Baiasu, for the Attorney General of Ontario Janice E. Blackburn, for the respondent Waypoint Centre for Mental Health

Heard: December 10, 2015

On appeal against the disposition of the Ontario Review Board dated January 22, 2015.

APPEAL BOOK ENDORSEMENT

[1] We acknowledge that the Board has an inquisitorial mandate that can require it to look beyond the joint position of the parties. That said, here based on the record before it, there was no obligation for the Board to make any further inquiries. Moreover, there was no treatment impasse. The appellant has made progress and a plan is in place. The Board’s disposition was the least onerous and least restrictive disposition available in the circumstances.

[2] The appeal is dismissed.