Ontario Review Board
Re: Kayvan Nojoumi
ORB File No: 8821
Hearing held on: Wednesday, July 30, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley
Members: Dr. R. Kunjukrishnan Dr. L. Lightfoot Ms. M.L. Bridger Mr. A. Bouvier
Parties Appearing:
Accused: K. Nojoumi Counsel: Mr. D. Howard
Person in charge of the hospital: Representative Dr. J. Gojer
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated August 26, 2025)
Introduction
On April 24th, 2025, the accused, Kayvan Nojoumi, was found not criminally responsible on account of mental disorder on charges of assault, assault with weapon, unlawfully in a dwelling-house, and mischief not exceeding $5000, all contrary to the Criminal Code of Canada. At the time of the finding of not criminally responsible, the Honourable Court did not make a disposition and referred the matter to the Ontario Review Board.
On July 30th, 2025, the Ontario Review Board convened at the Royal Ottawa Mental Health Centre, hereinafter referred to as the Hospital, to conduct an initial hearing for Mr. Kayvan Nojoumi pursuant to s. 672.47(1) of the Criminal Code. Mr. Nojoumi attended his hearing and was represented by his counsel, Mr. Daniel Howard. Mr. Nojoumi was 15 minutes late. When he arrived, introductions were made.
At the outset of the hearing a hospital report dated July 16th, 2025 was entered as Exhibit No. 1.
The issues for this hearing are whether Mr. Nojoumi represents a significant threat to the safety of the public and, if so, to determine the disposition that is necessary and appropriate in the circumstances.
Position of the Parties
Dr. Gojer, on behalf of the hospital, indicated that he was seeking a detention order. Ms. Dufort, on behalf of the Attorney-General, stated she would like to wait to hear the evidence before giving her position.
Mr. Howard, on behalf of Mr. Nojoumi, was asking for an absolute discharge.
Index Offences
- The circumstances of the index offences have been extracted from the hospital report and are summarized as follows:
"Count #1 (Assault): On the day of the offense, Kayvan Nojoumi started a verbal altercation with neighbour Michael Gallello, who was smoking a cigarette outside his apartment building at the time. Nojoumi approached Gallello and started swearing and yelling profanities. He then grabbed Gallello by his shirt, causing it to rip, and started kicking him.
Count #2, #3, and #4 (Unlawfully in a dwelling house, assault with a weapon, mischief to property under $5,000): Gallello retreated into his apartment to get away from Nojoumi. At some point, Nojoumi took a fire extinguisher and used it to breach both the common door of the apartment building, and Gallello’s apartment door. Once inside, Nojoumi discharged the fire extinguisher into Gallello’s face. Gallello physically removed Nojoumi from the apartment, and Nojoumi retreated into his residence at 1-188 Baribeau St.
Count #5 (mischief under $,5000): Officers attended 1-188 Baribeau St., where they spoke with Nojoumi. Nojoumi was seen sneaking out of a window and running off. He quickly apprehended."
Background History
Mr. Nojoumi’s personal information is set out in detail in the hospital report dated July 16th, 2025. Briefly summarized, Mr. Blair is presently 30 years of age and was born in Ottawa.
His parents are alive and live in Ottawa. His father is 76-years old and retired from a photography business. His mother is 62-years old, and they live together. His mother has a hair salon. He has two older sisters. His oldest sister is a hair stylist and is married. She is 35 years old. The second lives at home and has mental health issues. She has been diagnosed with borderline personality disorder and also has Bipolar Mood Disorder. She is on treatment and has been treated in hospital many times. He feels loved and cared for by his parents. His maternal grandfather suffered from a Bipolar Mood Disorder.
Mr. Nojoumi began school at the age 4 years and went to kindergarten. He completed high school in 2012. He had problems with focusing. He was hyperactive and was obese. He was given Ritalin as a child, and this continued until the age of 8 or 9 and his mother took him off the treatment.
Mr. Nojoumi struggled with his studies, but he did not fail any grades. He was in special education throughout high school. He was involved in some fights and was bullied and taunted racially. He had many suspensions.
He went to college for a semester studying music and played the piano and guitar. He dropped out as he was not able to keep up with course work.
Mr. Nojoumi has worked in fashion retail, electronics retail, and as a personal trainer. He did seasonal work with the Bay. At this time, he is unemployed and is supported by the Ontario Disability Support Program (ODSP).
Mr. Nojoumi has dated in the past and had a girlfriend for a year in 2015. He has no children. He has been single for about 10 years. Mr. Nojoumi believes that he was sexually abused by his sisters who he said raped him. He told his parents about this recently after an angel appeared to him in jail and told him to tell his mother what had happened.
Mr. Nojoumi began drinking in grade 8 and drank on weekends until he was about 23 years. He stopped drinking about 4 years ago. He used cannabis from grade 9 until about a year ago. He reported that it would make him paranoid.
Legal History
- Mr. Nojoumi has a previous criminal record for theft at the age of 17 and the charge was dealt with in youth court and diverted. He had a conviction for impaired driving in 2015 and lost his licence for 6 months.
Psychiatric History
Mr. Nojoumi has suffered from mood swings from a young age. He has had highs and lows. The highs last sometimes up to 6 months. He feels he has increased strength, feels awesome in his mood, and believes he is a rock star and creates albums. He spends more money during these episodes. He also suffers from bouts of depression.
Mr. Nojoumi has suffered from paranoia since his early teens. He feels people talk about him behind his back, that his sisters are jealous of him, that people can read his mind. He gets special messages on the radio and televisions. He has also felt that his thoughts are being broadcasted. He reports that he has never heard voices but experiences angels coming to him all the time with messages that they put in his mind that he believes are true.
Mr. Nojoumi had one admission to the Queensway Carleton for 4 weeks and was not apparently, diagnosed formally. He was treated with Seroquel 7.5 mgs a day at night. His family doctor also gives him Olanzapine 5 mgs that he only takes occasionally. He believes he was kidnapped as a child, but his mother does not believe that this is true. He said that both parents were abusive, and his mother’s brother also abused him physically. He feels that his mother and father also were touchy-feely and somewhat sexual with him.
Mr. Nojoumi said that he had also been prescribed Vyvance, a stimulant for ADHD by his family doctor. He last was on this medication in September 2022. He stopped the medication as he felt that it did not help him. None of his beliefs changed. His mother stated that he has been no different in his thinking prior to or after stopping the use of Vyvance.
Current Diagnoses
- Mr. Nojoumi is suffering from a psychotic illness, likely Schizophrenia. A Schizoaffective Disorder is a differential diagnosis, followed by a Bipolar Mood Disorder with psychotic features. The persistence of psychotic symptoms in the absence of prominent mood symptoms points to Schizophrenia as the most likely diagnosis. By history, he has suffered from an Attention Deficit Hyperactivity Disorder. He also suffers from Obsessive Compulsive Disorder. He has a diagnosis of cannabis use disorder and, in the past, has used mushrooms and steroids. He was also prescribed stimulants for his attentional problems and his parents report that he continues to take them.
Evidence at the Hearing
The hospital’s evidence was presented through its report as well as through the oral testimony of Dr. Julian Gojer. This evidence is summarized below.
Dr. Gojer testified that the accused frequently did not appear for scheduled appointments. He has only seen him once in person and after that he had seen him once by Zoom. Dr. Gojer stated that he believes that Mr. Nojoumi has been ill since 2018 and possibly even earlier. He has delusions and as indicated he is non-compliant with treatment. The index offences occurred in 2022.
Dr. Gojer stated that Mr. Nojoumi is delusional and is unable to communicate with family appropriately. Yet, since 2022 he has only had one admission and that was believed to be a voluntary admission to the Queensway-Carleton Hospital.
Dr. Gojer testified that Mr, Nojoumi’s parents have spent thousands of dollars in damages to apartments that they rented for their son so that he would have a nice place to live. He would continue to damage them, get evicted by the landlord and the parents would pay for the damages in order to keep him off any lists so they could continue to find housing for him.
Mr. Nojoumi is supported by ODSP but his parents are providing him with accommodation. Dr. Gojer noted that the major problem is that his illness is untreated. Dr. Gojer thinks the illness is Schizophrenia and believes there is a possible mood disorder component as well, and that this could be drug-induced. He currently is using his drug of choice, marijuana, although in the past he also has used harder drugs.
Dr. Gojer notes that Mr. Nojoumi has resided in the community for two years with no contact with the law. Dr. Gojer stated that he was seeking a detention order for Mr. Nojoumi with a no weapons clause. He could live in the community with permission from the hospital, although he does not have a good relationship with his family. He indicates that he has obsessive compulsive traits and these can worsen with drugs used for Schizophrenia. That is one of the major reasons the Doctor wants him treated in hospital and not as an outpatient. If he is indeed obsessive compulsive, certain drugs can worsen that and the Doctor will be able to better observe this and better treat him with medication.
During questions from counsel for the Attorney-General, Ms. Dufort, indicated she was seeking a weapons prohibition to which Dr. Gojer agreed. She asked about substance abuse and noted that nursing notes said that the accused stated he uses “natural herbs” and “marijuana” to sleep. He was prescribed Seroquel when released from the Queensway-Carleton Hospital. He has told people that he uses marijuana to get to sleep.
Dr. Gojer said that he has spoken to Mr. Nojoumi about delusions and that marijuana can contribute to delusions. The doctor advised that the accused currently lives alone in an apartment in Kanata funded by his parents. He has incorporated his parents into his delusions and paranoid views. When asked if Mr. Nojoumi puts his neighbours at risk, Dr. Gojer stated yes. The neighbours can be at risk as well as his parents. Dr. Gojer stated that Mr. Nojoumi’s father wanted to attend the ORB hearing today but his son “would not allow him.”
Dr. Gojer stated that Mr. Nojoumi is much more unstable now.
When asked by Ms. Dufort about the OCD diagnosis, and that he showers every time he goes to the washroom, the Doctor noted that if Mr. Nojoumi’s schizophrenia is treated, the symptoms associated with OCD should abate. However, the doctor noted that Mr. Nojoumi makes a lackluster effort and he will not take his medication in the manner that the doctor would like him to take it.
Dr. Gojer assessed the risk to the safety of Mr. Nojoumi’s neighbours and others as high. Mr. Nojoumi is actively psychotic and it is fortuitous that he has not assaulted anyone. He also opined that the Mental Health Act will simply not work in terms should Mr. Nojoumi be subject to a conditional discharge. It will not work to bring him in for a variety of reasons. The hospital requires the ability to approve Mr. Nojoumi’s accommodation once he is discharged into the community. This is critical given Mr. Nojoumi’s tendency to incorporate neighbours into his delusions.
In response to questions by counsel for Mr. Nojoumi, Mr. Howard, Dr. Gojer talked about him being prescribed Olanzapine. Dr. Gojer stated Mr. Nojoumi is reluctant to take medication as the drugs make him groggy. Dr. Gojer would like to be able to adjust the medication while Mr. Nojoumi is an inpatient.
The Doctor testified that Mr Nojoumi likely is incapable of consenting to treatment. He has no insight into his illness. He does not feel his drug use is a problem. In the past he used steroids when he was working as a trainer. There was a possibility that the use of steroids induced a “roid rage” --extreme anger induced by steroid use. When asked if Mr. Nojoumi self-reports his use of marijuana, Dr. Gojer stated that no he does not. He indicated that Mr. Nojoumi uses it to sleep every night so he is using quite a bit of it. Should Mr. Nojoumi cease consuming cannabis, it may demonstrate that his substance use is a significant contributor to his mental illness. Should that be the case, his prognosis might be better if he were not using marijuana. Psycho-education on substance use will be initiated once treatment has been initiated and Mr. Nojoumi more settled.
The parents came to the doctor and were begging him to help their son to stop using the drugs/marijuana which they associate with him causing damage to the apartments they were renting for him.
As it stands now, he is being prescribed Olanzapine but the Doctor says it is doubtful he is actually taking it. He would like to see him take long-acting injections. Dr. Gojer believes his Schizophrenia would come under a great deal of control within a month after hospitalization and optimization of the Olanzapine.
Dr. Gojer is concerned that the use of drugs could trigger the existing psychosis after the index offences of August 2022. The parents provided the information about the apartment. Dr. Gojer says they are a loving family who provide for their son with a nice place to live even though he is on ODSP. He did $42,000 in damages to one apartment they rented for him and he did $22,000 in damages to another. Despite their support, Mr. Nojoumi rejects them.
In response to questions by the psychiatrist member of the Board, Dr. Gojer stated that Mr. Nojoumi has no insight into his illness and that he has delusional thinking. His father, in particular, is at risk as Mr. Nojoumi incorporates him into his paranoid psychotic beliefs. If on a detention order Dr. Gojer was asked how quickly could he get him into a bed in the hospital, and he replied very quickly, within a few weeks.
In response to questions by the psychologist member of the Board, Dr. Gojer talked about his patient’s risk being high and that his mental status has deteriorated. There was discussion about the difference between a Form 1 under the Mental Health Act and a Form 49, which enables the hospital to have police return someone who is on a detention order to hospital for an assessment. In this case, a Form 49 is much preferable to have Mr. Jojoumi brought to the Royal Ottawa Mental Health Centre. On a Form 1 he would be taken to a non-forensic hospital and that hospital may not have the requisite grounds to admit him. He cannot be taken to a forensic hospital on a Form 1.
Eventually, Mr. Nojoumi would be discharged into the community in accommodation approved by the hospital. There would be a condition that he report at least once per month but the Doctor was concerned that Mr. Nojoumi would take that literally and not come in every week. Dr. Gojer requested that the Board make a condition that prescription medicine be approved by the hospital because he is concerned that the accused will go to a clinic and get medication for ADHD or other such medication, which can be abused. Dr. Gojer wants there to be a condition that any prescription medication be approved only by the hospital. Also, Mr. Nojoumi should participate in programs.
In response to questions by the legal member of the Board, Dr. Gojer was asked why it took so long, from 2022 to 2025, to get Mr. Nojoumi before the Ontario Review Board. (The accused apparently spent almost 3 years on bail in the community before he was found NCR). With the permission of the Alternate Chair, counsel for the Attorney General, explained there was a short administrative delay after the finding.
When asked about a substitute decision-maker, Dr. Gojer said the parents would be the natural choice in most cases but Mr. Nojoumi incorporates the parents into his paranoid delusions. Dr. Gojer stated he will have to have a talk with the parents about whether or not they are willing to take on that responsibility under those circumstances. If not, the substitute decision-maker would have to be the Public Guardian and Trustee.
Dr. Gojer said he would need three months in order for Mr. Nojoumi to respond to the treatment and to get him off the illegal drugs. In three months, he would be able to administer three doses of the injectable drug and see how that is working. Dr. Gojer said he had a reputation of discharging patients as quickly as he could and that is what he hopes to do with this patient.
In response to questions arising from panel members, Ms Dufort asked Dr. Gojer if Mr. Nojoumi was brought in for an assessment, he only sees a Form 49 as the appropriate way to bring him into hospital.
Dr. Gojer talked about significant risk versus substantial risk on a Form 1. He said Form 1’s are difficult for doctors. He really needs a Form 49 to treat and help this accused. He did not show up for his assessment. Dr. Gojer stated he generally sees patients weekly when discharged. On a Form 1 you have to have seen the patient within a week and that does not always happen. A conditional discharge and Form 1 would not work in this situation.
Mr. Howard asked for a break to speak to his client and they left the room. They came back and advised that they were not calling any evidence.
The hospital’s risk assessment is found on page 27 of the hospital report and is set out as follows:
"Mr. Nojoumi remains actively psychotic in the community and is relatively uncooperative in attending for his assessment. He appears to be actively using cannabis and possibly stimulants. His parents report that he is disturbing his neighbors. There is no information to suggest that his behavior has placed anyone or himself at risk of harm.
I am deeply concerned that his illness is untreated and given that he has persecutory ideation about people in the community and his family, his risk to act out in an aggressive manner is moderately high. His history is not indicative of a personality disorder but the chronic use of cannabis and possible stimulants likely makes his risk fluid and unpredictable. He is at this time a significant risk to the public."
- No other evidence was presented.
Submissions of the Parties
Dr. Gojer, on behalf of the hospital, was seeking a detention order with permission to live in the community in accommodation approved by the person in charge; a weapons ban, abstinence from all prohibited drugs, including prescription drugs not directly approved by the hospital. Dr. Gojer asked for an expedited disposition so that Mr. Nojoumi could be quickly brought into hospital.
In closing submissions, Ms. Dufort was ad idem with the hospital’s submissions. She stated that Mr. Nojoumi was exhibiting paranoia and that Dr. Gojer needs a Form 49 to bring him back to hospital. Ms. Dufort raised the issue of a non-contact order with the victim and a condition that he stay away from anywhere the victim lives, works, or is known to be with an exception while in transit without stopping,
Mr. Howard, on behalf of his client, stated Mr. Nojoumi was asking for an absolute discharge. Mr. Howard indicated that his client does not accept the diagnosis and does not feel that he requires contact with the hospital. He said that the accused had a very different version of the index offence but there was no evidence presented.
Deliberations
- The Board unanimously agreed that Mr. Nojoumi remains a significant threat to the safety of the public due to his antecedents, his paranoia, his ongoing abuse of drugs, his delusions, and his deterioration. The Board accepts Dr. Gojer’s evidence that Mr. Nojoumi is currently exhibiting similar behavior as during the time of the index offence. He is noncompliant with treatment, consumes cannabis, and experiences delusions, auditory hallucinations, and paranoia, particularly in relation to his neighbours and his parents. His mental status has further deteriorated since the commission of the index offence and the NCR assessment conducted in February 2025. Mr. Nojoumi needs to be in hospital in order for treatment to be initiated for both his psychotic illness, likely Schizophrenia, and Obsessive-Compulsive Disorder, and other medications such as stimulants for his ADHD or steroids be discontinued. We agree with the Hospital and counsel for the Attorney General that the accused needs to be on a detention order with a discretionary privilege of residing in the community in approved accommodation and other terms prohibiting contact with the victim, Michael Gallello or be within 500 metres the victim’s residence, and that he not to be in possession of any weapons.
Analysis and Conclusion
Having considered all of the evidence tendered at the hearing and the submissions of the parties, the Board does find that Mr. Nojoumi poses a significant threat to the safety of the public as defined in s. 672.5401 of the Criminal Code of Canada, and as further defined in the Winko decision.
We have taken into consideration the factors at section 672.54 of the Criminal Code of Canada, namely the protection of the public, which is the paramount consideration, the mental condition of the accused, his reintegration into society and his other needs in coming to the unanimous finding that a Detention Order is necessary and appropriate, and is the least onerous and least restrictive Disposition at this time.
DATED this 26th day of August 2025, at the City of Toronto, in the Toronto Region.
Ms. M.L. Bridger
Legal Member
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Office of the Registrar
Ontario Review Board