Ontario Review Board
Re: Dorian Nicolaou
ORB File No: 7371
Hearing held on: Wednesday June 11, 2025
Place of Hearing: St. Joseph’s Healthcare Hamilton
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Ms. L. Maunder Dr. P. Darby Dr. G. Stones Mr. A. Mete
Parties Appearing:
Accused: Dorian Nicolaou Counsel: Mr. R. Browne (by video)
The Person in Charge of Hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. J. McKenzie
REASONS FOR DISPOSITION (Dated July 23, 2025)
Introduction
[1]. On June 20, 2018, Dorian Nicolaou was found not criminally responsible (NCR) on a charge of attempted murder contrary to the Criminal Code. Mx. Nicolaou is currently subject to a disposition of the Ontario Review Board (the Board) dated April 4, 2024, ordering their detention at the Forensic Psychiatry Program of St. Joseph’s Healthcare Hamilton with privileges up to and including living in the community of Hamilton in accommodation approved by the person in charge.
[2]. On Wednesday, June 11, 2025, the Board convened a hearing to review Mx. Nicolaou`s disposition pursuant to section 672.81(1) of the Criminal Code. Mx. Nicolaou was present and represented by counsel, Mr. Browne who appeared by video due to a recent injury. Also present at the hearing were their mother, the victim of the index offence, and grandfather.
[3]. The issues to be determined at the hearing were whether Mx. Nicolaou continued to constitute a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, what was the necessary and appropriate disposition that was also the least onerous and least restrictive taking into account the factors set out in 672.54 of the Criminal Code.
Initial Positions of the Parties
[4]. At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. Counsel for the Hospital indicated that it was the Hospital’s position that Mx. Nicolaou continued to represent a significant threat to the public and that the necessary and appropriate disposition was a continuation of the current detention order without change to the terms and conditions.
[5]. Both Counsel for the Attorney General and Counsel for Dorian Nicolaou supported the Hospital recommendation.
Evidence at the hearing
[6]. The evidence at the hearing consisted of the Hospital Report dated March 13, 2025, and the oral evidence of Dr. Y. Naidoo, Mx. Nicolaou’s treating psychiatrist.
Findings:
[7]. For the Reasons that follow, the Board finds that Mx. Nicolaou continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order without change to the terms.
Index Offences:
[8]. The circumstances surrounding the index offence as summarized in last year’s Reasons for Disposition are as follows:
The accused party, Dorian Nicolaou, is 20 years old and currently resides with their mother Roberta Nicolaou, in the city of Burlington. On 16 February, 2018 the accused and their mother engaged in a verbal argument inside the residence surrounding the cutting of the victim's hair. The argument escalated to the point that it became physical and the accused attacked the victim with a large kitchen knife. The victim fled the front door of the residence to escape the attack and the accused followed her continually stabbing her until she collapses at the bottom of the stairs of the residence across the street. As the victim lay in a pool of blood, the accused contacted police and admitted "I just stabbed my mom to death".
Police responded and arrested the accused without incident. The victim was transported to Hamilton General Hospital where she underwent surgery for an estimated 10 to 12 stab wounds including deep lacerations of her lungs.
Background Information Regarding the Accused:
[9]. Mx. Nicolaou is currently 27 years of age and the only child of their parents. They have been described as a very hyperactive child who had difficulties with paying attention and concentration. Their parents separated in 2009 after a 15-year marriage, and they continued to reside with their mother. From approximately 2012 to 2016, their mother lived common law with a man whom she acknowledged was homophobic and was critical of Mx. Nicolaou due to their presumed sexual orientation. They have also had conflicts with both their parents with respect to their sexual orientation.
[10]. Mx. Nicolaou had difficulties in school and in 2015 they were referred to the Recovery Through Education of Adolescent and Children in Halton (REACH), an intensive mental health treatment and education service. They attended an intake interview and were offered a spot, but refused to attend the program choosing instead to try again at their former school. They continued to have difficulties at that school and dropped out in grade 12.
Substance Use History
[11]. Mx. Nicolaou’s mother reports that they have been using marijuana on a regular basis since the age of 14 and also frequently used of salvia, psilocybin, MDMA, ecstasy and LSD to “increase spiritual awareness”. Although they have tried alcohol, they state that they do not like the taste and rarely consume it.
Legal History:
[12]. Mx. Nicolaou has no criminal record.
Psychiatric History
[13]. Mx. Nicolaou’s mother arranged for them to see a child psychiatrist in 2012. They denied any psychotic symptoms but did say that sometimes they felt like people were talking behind their back. They were diagnosed with depression and possible ADHD, and were prescribed Celexa and Ritalin. However, their mother took them off both of those medications after a week. They became increasingly isolative in 2013 and became selectively mute, refusing to speak with people who they believed had judged or wronged them. In 2014 they were assessed as possibly exhibiting signs of responding to internal stimuli.
[14]. In October 2014, Mx. Nicolaou was brought to hospital by police due to concerns from high school teachers about their increasing isolation and complete lack of communication. Their mother also shared concerns about their isolation and lack of eating and also about their not sleeping, wandering the streets at night, increased drug use and screaming in their bedroom when alone. On admission they were assessed, and it was determined that most likely they were presenting with a substance use psychotic disorder. On discharge it was noted that there was no clear Axis I disorder. Discharge diagnoses were Rule out Eating Disorder, Unspecified; Cannabis Use Disorder; Rule out Hallucinogen Disorder; Mixed Personality Traits (cluster A and B).
Current Diagnosis
[15]. Mx. Nicolaou’s current formal diagnoses are:
- Schizotypal Personality Disorder
- Unspecified ADHD and related Disorder
- Cannabis Use Disorder, in early remission
[16]. However, the Hospital Report states that Dr. Naidoo’s current opinion with respect to diagnosis is:
Although his most recent formal diagnosis is Schizotypal Personality Disorder, after working with him for some time, I believe the most appropriate DSM-5 diagnosis is Other Specified Personality Disorder with mixed personality features, predominantly schizotypal, paranoid, and borderline.
Evidence of Dr. Naidoo
[17]. Dr. Naidoo indicated that he had been Mx. Nicolaou’s treating psychiatrist for approximately two years and had read and adopted the contents of the Hospital Report. Over the reporting year Mx. Nicolaou had put lots of effort into working on skills to improve their degree of independence. In particular they had been working on cooking skills and were quite accomplished. They also were involved in individual treatment with a psychologist and were working on establishing stable relationships, moderating anger and learning to talk through issues. Although progress was slow, there was clear improvement.
[18]. Dr. Naidoo advised that the treatment team had tried several residences for Mx. Nicolaou who expressed concerns with those residences. Currently they were receiving overnight passes to Indwell Strathearne Suites which provide supported bachelor apartments. However, during Dr. Naidoo’s evidence Mx. Nicolaou interrupted and indicated that they did not wish to reside there.
[19]. Dr. Naidoo indicated that areas where the treatment team will be looking for improvement included interpersonal functioning and the ability to build trust with individuals, possible addition of medication to assist with mood regulation and continued work on organizational skills.
[20]. Dr. Naidoo stated that Mx. Nicolaou showed no evidence of psychosis but suffered from a complex personality disorder. He noted that over the reporting year there had been one positive urine screen for cannabis, but no mental health changes were noted. However, Mx. Nicolaou has a clear history substance use having a significant impact on their mental health.
[21]. Dr. Naidoo referred the panel to pages 71 and 72 of the Hospital report which contained a summary of the rationale for the view of the treatment team that Mx. Nicolaou continued to represent a significant threat to the safety of the public.
[22]. In response to questions from counsel for the Attorney General Dr. Naidoo indicated that Mx. Nicolaou had been receiving overnight passes to the Indwell residence for over two months and, although there had been some problems with rule adherence, they were proceeding with a slow transition. He also noted that staff were present at the residence until 9 PM in the evening and that there was security there overnight.
[23]. Dr. Naidoo also advised that the potential change in diagnosis did not have any significant impact on risk.
[24]. In response to questions from counsel for Mx. Nicolaou, Dr. Naidoo indicated that before the treatment team would be in a position to recommend a conditional discharge Mx. Nicolaou would have to establish some time in the community and further develop interpersonal skills. He also indicated that the team would not support a transfer to CAMH and that it would be challenging to replicate the rapport which currently existed with the treatment team at another hospital.
[25]. In response to questions from panel members Dr. Naidoo indicated that Mx. Nicolaou was currently not receiving any medications with respect to mental health issues although he was of the opinion that a mood stabilizer could reduce risk.
Analysis and Conclusion, Significant Threat:
[26]. Although the issue of significant threat was not contested at the hearing, the Board nevertheless makes an independent finding that Mx. Nicolaou does represent a significant threat to the safety public. They suffer from a serious mental illness, whether it be Schizotypal Personality Disorder or Other Specified Personality Disorder with mixed personality features, predominantly schizotypal, paranoid, and borderline. . The Hospital report indicates the symptoms of their illness include:
…..peculiar thoughts and behaviour (unusual beliefs/magical thinking; ideas of reference; speech that is frequently vague, impressionistic, and circumstantial; odd, eccentric, or stereotyped behaviours; theatrical and provocative behaviours; strange perceptual experiences including bodily illusions; sense of entitlement; impulsivity), disturbances in mood (markedly reactive mood; irritability; displays of inappropriate, intense anger), and chronic interpersonal problems (mistrust, suspiciousness, paranoia; social anxiety related to unjustified fear of others; misinterpreting others’ looks or remarks; often unfounded belief that others are slighting, insulting, or harming him; bearing grudges; lack of close friends or confidants; intense, unstable, and short-lived relationships; considering relationships to be more intimate than they are; frantic efforts to avoid hurt, rejection, or abandonment).
[27]. Although they did not exhibit signs of psychosis over the reporting year they did exhibit paranoia as part of their personality structure, particularly towards individuals from whom they experience disrespect. They continue to require monitoring to manage their behaviour as well as to ensure their well-being. They have poor insight into their mental illness, and violence risk particularly from substance induced psychosis. Absent supervision of the Board there is a substantial likelihood Mx. Nicolaou would return to the use of illicit substances resulting in an increase in the symptoms of their mental illness and an increase in their risk to cause significant physical and/or psychological harm to members of the public.
Analysis and Conclusion, Necessary and Appropriate Disposition:
[28]. The Board finds that the evidence also amply supports the joint submission that the necessary and appropriate disposition is a continuation of the current detention order without change. Given the risk factors set out above, it is important that the Hospital be able to approve housing in order to ensure that Mx. Nicolaou has appropriate monitoring and support to manage their risk. The Board accepts Dr. Naidoo’s evidence that prior to consideration for a conditional discharge, Mx. Nicolaou needs to have spent some time in the community without significant incidents, to develop their interpersonal skills and develop further insight into their mental illness, violence risk, and the impact of substance use on their mental health.
DATED this 23rd day of July 2025, at the City of Toronto, in the Toronto Region.
Robert Bigelow Alternate Chairperson
Office of the Registrar Ontario Review Board