Re: Kayvan Nojoumi, 2026 CanLII 10969

Ontario Review Board

Re: Kayvan Nojoumi

ORB File No: 8821

Hearing held on: Thursday, October 30, 2025

Place of hearing: Royal Ottawa Mental Health Centre Via Zoom Video Conference

Pursuant to: Section 672.81(2.1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Weinstein

Members: Dr. P. Cook Dr. A. Kerry Ms. J. Greenwood Mr. A. Mete

Parties Appearing:

Accused: Kayvan Nojoumi Counsel: Mr. D. Howard

The person in charge of hospital: Representative: Dr. J. Hwang

Attorney General of Ontario: Counsel: Ms. M. Dufort

REASONS FOR DECISION

(Dated February 13, 2026)

Introduction:

1. On April 24, 2025, Mr. Kayvan Nojoumi was found not criminally responsible on account of mental disorder, on charges of assault, assault with a weapon, unlawfully in a dwelling-house, and mischief not exceeding $5000, all contrary to the Criminal Code of Canada (“Criminal Code”).

2. Mr. Nojoumi is currently subject to a Disposition of the Ontario Review Board (the “Board”), dated August 15, 2025, which ordered that he be detained at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre (“Royal Ottawa”). This Disposition provides Mr. Nojoumi with various privileges, including to enter the community of Ottawa, indirectly supervised, and to live in the community in accommodation approved by the person in charge.

3. Pursuant to s. 672.56(2) of the Criminal Code, Royal Ottawa notified the Board, by letter dated October 1, 2025, that Mr. Nojoumi’s liberty had been restricted: on September 24, 2025, Mr. Nojoumi was transferred from the Royal Crisis Unit to the Forensic Assessment Unit (“FAU”), and he was no longer allowed indirectly supervised passes into the community.

4. On October 30, 2025, a panel convened a hearing by video conference at Royal Ottawa to review the restriction of Mr. Nojoumi’s liberty, pursuant to s. 672.81(2.1) of the Criminal Code.

5. Mr. Nojoumi was present at the hearing and was represented by his counsel, Mr. Daniel Howard. Mr. Nojoumi’s parents also attended the hearing, by Zoom.

6. A Hospital Report ("Hospital Report"), dated July 16, 2025, was entered as Exhibit 1. An ROL Hospital Report (“ROL Report”), dated October 22, 2025, was entered as Exhibit 2.

7. The issues at this hearing were whether the hospital’s decision to increase the restrictions on Mr. Nojoumi’s liberty was warranted, necessary and appropriate at the time of its onset and whether it continued to be so until October 30, 2025.

8. For the reasons set out below, the Board finds that the restriction on Mr. Nojoumi’s liberty on September 24, 2025, was significant, as well as necessary and appropriate. It represented the least onerous, and least restrictive, measure at the time it was imposed, and it continued to be so until its end, on October 30, 2025.

Position of the Parties

9. At the outset of the hearing, the parties were canvassed as to their positions. Dr. Hwang, as representative for the hospital and most responsible physician, and counsels for the Attorney General and for Mr. Nojoumi, agreed that the initial restriction of liberty was necessary and appropriate; it represented the least onerous, and least restrictive, measure at the time it was imposed, and it continued to be so until October 30, 2025

Index Offences:

10. The circumstances giving rise to the Index Offences are extracted from the most recent Reasons for Disposition, dated August 26, 2025:

“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 [was] quickly apprehended.”

Course Since His Most Recent Hearing:

11. Mr. Nojoumi’s course since his most recent hearing is set out in detail in the ROL Report. The following extracted paragraphs are relevant to this hearing:

“Following the ORB hearing on July 30, 2025, the forensic outpatient team attempted to visit Mr. Nojoumi as his residence, but he did not respond to the knock to his door. Prior to the visit, the forensic outpatient nurse called him and he picked up but did not respond to her verbally.

On August 15, 2025, the forensic outpatient team received a phone call from Mr. Nojoumi’s mother that she had completed a Form 2 of the Mental Health Act and the police were transporting Mr. Nojoumi to the hospital for a mental health assessment. She was concerned that he had not been taking his medications for weeks and he was scaring his neighbours and knocking on their doors.

According to the emergency department notes from the Queensway Carleton Hospital, Mr. Nojoumi was aggressive with the police where he tried to grab their weapons. In the emergency department, he was described as erratic. On assessment by the emergency physician, Mr. Nojoumi reported that he was concerned that the Masons were watching over him and that his family was performing rituals and torturing him. He was admitted as an involuntary patient on a Form 1.

On the inpatient unit, Mr. Nojoumi demonstrated bizarre and grandiose delusions and disinhibited behaviour.

He was deemed incapable of making treatment decisions and his parents agreed to be the substitute decision makers. His involuntary status was extended.

When a bed became available at the Royal’s Crisis Unit on September 15, 2025, he was transferred.

His parents strongly advocated for him to have passes with them in the community, which was granted.

On September 24, 2025, when there was a bed available, Mr. Nojoumi was transferred to the Forensic Assessment Unit (FAU).

Reasons for Restriction of Liberty:

12. The ROL Report provides the rationale for the restriction of liberty as follows:

“On September 24, 2025, when there was a bed available, Mr. Nojoumi was transferred to the Forensic Assessment Unit (FAU).

Due to the FAU’s unit protocol, ongoing psychotic symptoms, and poor insight into his symptoms of illness to past violence, his passes to community with family were held.

Mr. Nojoumi was exhibiting psychotic symptoms toward his neighbours and was disengaging from the treatment team prior to his hospital admission under the Mental Health Act. Despite some time in the hospital and receiving antipsychotic medications, his psychotic symptoms remained active (speech disorganization, bizarre delusions) and his insight into his symptoms was poor. As such, it was determined that an admission to FAU was necessary and the least restrictive condition to prevent harm to the public. Since transfer to FAU, he has been able to gain greater insight into his past psychotic symptoms and the need for treatment of his major mental illness, although it remains superficial. Currently, it is unknown whether he would be able to return to his rented apartment, as it will depend on his independent living skills, which is being assessed.”

Course in Hospital:

13. The ROL Report set out Mr. Nojoumi’s course in hospital. The following extracted paragraphs are relevant to this hearing:

“Mr. Nojoumi and his parents all agreed to the change to an injectable medication. He was encouraged to attend therapy groups on the inpatient unit including the substance use groups and psychoeducation groups related to healthy living.

Following the meeting, Mr. Nojoumi received paliperidone in an injectable form. He attended several groups on the unit where he was described as a fair participant and followed the staff’s direction. He continued to hold bizarre beliefs about wearing tinfoil under his shirt as a protective measure against pain and distressing thoughts but acknowledged that this was an unusual belief. He appreciated his past sexually disinhibited behaviours at the Queensway Carleton Hospital as inappropriate but commented that the co-patient also tried to kiss him. Passes were started for him to walk on hospital grounds with staff and he was placed on a transfer list to the Forensic Rehabilitation Unit (FRU). His family visited him three times per week.

By the third week of admission to FAU, Mr. Nojoumi was able to demonstrate greater insight into his past psychotic symptoms and its relation to his current hospitalization and the NCR finding.”

Evidence at the Hearing:

14. The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Hwang. Dr. Hwang is Mr. Nojoumi’s treating psychiatrist and co-authored the ROL Report. She testified as follows:

a) Mr. Nojoumi will return to his apartment today (Thursday) on an extended leave. He will check-in with the Forensic Outpatient Team tomorrow morning and will then go for another weekend pass to his rented apartment.

b) Mr. Nojoumi will return to hospital on Monday afternoon, November 3, for a check-in. The treatment team plans to officially discharge him from the inpatient unit at that time.

c) Mr. Nojoumi had a functional assessment performed last week. The results indicated that he has good memory and the ability to manage his own transportation for his personal health and safety. Some concerns remain about his money management skills, but the case management team and his parents will work with him to build these skills.

d) Mr. Nojoumi’s medication regimen has been changed from oral medication to long-acting injectable medication.

e) Mr. Nojoumi has shown progress over the last week and since the ROL Report was written: He has been less impulsive; he has not exhibited bizarre delusions or sexually disinhibited behaviour; and his symptoms have been in remission, in stark contrast to the time he was initially involuntarily admitted to hospital.

f) Mr. Nojoumi is an active member in the three inpatient addiction groups he attends each week.

g) Mr. Nojoumi was in support of his transition from oral medication to long-acting injectable. At this point he is capable to consent to treatment, and his parents are no longer involved as substitute decision makers.

15. No other evidence was called.

Analysis and Conclusions:

16. Pursuant to the Decision of the Ontario Court of Appeal in R vs M.L.C., 2010 ONCA 843, as well as Regina v Campbell, 2018 ONCA 140, the Board agrees that a restriction of liberty has taken place. The Board found that the initial restriction of liberty, on September 24, 2025, and the ongoing restriction until October 30, 2025, represented the least onerous, and least restrictive, interventions in the circumstances. They were both warranted and necessary for public safety.

17. Prior to his admission to the Royal Ottawa, Mr. Nojoumi was exhibiting psychotic symptoms and behaving aggressively towards his neighbours. He was disengaged from treatment and had to be involuntarily committed under the Mental Health Act. While in hospital, Mr. Nojoumi continued to hold bizarre beliefs. He only started to return to his baseline sometime after his medication regimen was changed. Mr. Nojoumi’s recent functional assessment indicates that he is now capable of living independently, and it is the hospital’s plan to discharge him back into the community today, under the terms of his current Disposition.

DATED this 13th day of February 2026, at the City of Toronto, in the Region of Toronto.

Mr. J. Weinstein Alternate Chairperson

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Office of the Registrar Ontario Review Board