Re: Robert Frydman
ORB File No: 8475
Hearing held on: January 12, 2026
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. L. Banks
Members: Dr. R. Sheppard Dr. L. Lightfoot Ms. C. Murray Ms. R. Chopra
Parties Appearing:
Accused: Robert Frydman Counsel: Ms. M. Murphy
The person in charge of hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated February 20, 2026)
Introduction:
On October 27, 2023, Mr. Robert Frydman was found not criminally responsible on account of mental disorder (“NCR”) on a charge of arson, disregard for human life, contrary to the Criminal Code of Canada (the “Criminal Code”).
On January 12, 2026, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Frydman’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Frydman was subject to a Detention Disposition within the Forensic Service of Ontario Shores Centre for Mental Health (“Ontario Shores” or “the hospital”) with outer limits of privileges including passes for up to 12 hours to enter the community, within a 150-kilometre radius of Ontario Shores, indirectly supervised.
Mr. Frydman was present at the hearing. He was represented by counsel, Ms. Mary Murphy, throughout the proceedings.
A Hospital Report dated January 5, 2026, was entered as Exhibit 1.
The issues to be determined are whether Mr. Frydman continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.
For the reasons set out below and based on the evidence and submissions before us, the Board found that Mr. Frydman continues to represent a significant threat to the safety of the public. The Board finds that a Detention Disposition with no change to the terms is the necessary and appropriate Order having regard to the safety of the public, which is the paramount concern, and also having regard to Mr. Frydman’s mental health, reintegration into society, and his other needs.
Current Psychiatric Diagnoses
- Schizoaffective Disorder, Bipolar Type; and
Cannabis Use Disorder, Severe
Position of the Parties
At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital, represented by Mr. Dow, supported by counsel for the Attorney General, Ms. MacDonald, took the position that Mr. Frydman continues to represent a significant threat to the public and the necessary and appropriate Disposition is a Detention Order with the same terms as last year.
Counsel for Mr. Frydman did not challenge the hospital’s position.
Therefore, there is a joint recommendation with respect to the issues at this hearing.
Index Offences
- The Hospital Report contains a detailed description of the index offence, which is briefly summarized as follows:
On January 28, 2023, Mr. Frydman was residing with his father in a house in Oshawa. On that day, he used WD40 to light a fire in the basement of the residence. He was later seen running shirtless from the property as the residence was on fire. His father, Barry Frydman, was in the residence at the time. His father advised police that his son had been admitted to Ontario Shores for the preceding two to three months and had just been released on January 23, 2023.
Background and History
The Hospital Report contains extensive information regarding Mr. Frydman’s background and history, the entirety of which need not be repeated here in detail. Mr. Frydman is currently 30 years of age.
Last year’s Reasons for Disposition accurately summarizes Mr. Frydman’s background and history, and is excerpted below as follows:
While growing up, he and his brother resided with their father, spending every other weekend and Mondays with their mother. In 2002, Mr. Frydman was assessed by a psychiatrist at the Hospital for Sick Children in Toronto. He was diagnosed at that time with attention deficit disorder and oppositional defiant disorder. He was prescribed various medications including Ritalin, Concerta and Vyvanse.
Mr. Frydman was enrolled in an alternative high school for Grade 10 when he began to experience symptoms of mental illness. He was referred to a psychiatrist at the Hospital for Sick Children and then was sent to a children/youth facility for persons with severe issues. For the first few days, Mr. Frydman stood in his bedroom without moving and was observed responding to internal stimuli. He refused to eat or drink and had to be readmitted to hospital. He eloped from hospital and was eventually admitted to the Adolescent Program at Ontario Shores.
In 2011, Mr. Frydman was admitted to Toronto East General Hospital. Mr. Frydman was experiencing hallucinations and paranoia along with intermittent catatonic states, in the context of cannabis use. His diagnosis upon discharge was schizophrenia. Over the following two years, Mr. Frydman had two six-month long admissions to Ontario Shores. He also became subject to a Community Treatment Order and followed by the Starting Treatment Early for Psychosis (STEP) program at St. Michael's Hospital.
Between 2014 and 2018, Mr. Frydman had nearly twenty more admissions to St. Michael's Hospital, most of them triggered by noncompliance with medication, followed by a deterioration in Mr. Frydman’s mental status. He would present with worsening psychosis, aggression, agitation, and disorganization.
Mr. Frydman was an inpatient at Ontario Shores until March 2020. He was afraid that he might hurt somebody if discharged and continued to suffer from extremely treatment resistant psychosis which was not appreciably improved despite high doses of medication, including clozapine. He was discharged but returned after a few days and was readmitted. He was “horrified and paranoid” after going home with his father and he began to start fires there. During the readmission, he engaged in self-harm and attempted to hang himself from the ceiling. There also were multiple incidents of fire setting in the hospital. After discharge, he was followed by the Durham Assertive Community Treatment (ACT) team. When Mr. Frydman was arrested and brought to hospital, he was noted as being "floridly psychotic and out of touch with reality".
Mr. Frydman continued to reside at Ontario Shores following his arrest. He presented with periods of agitation and in June 2023, Mr. Frydman unfortunately attacked a staff member.
Course Since Last Disposition
The Hospital Report provides information regarding Mr. Frydman’s course in hospital since his last Disposition.
Mr. Frydman continues to reside at Ontario Shores on Secure Forensic Assessment and Rehabilitation Unit (FARU) in the POD, which is a higher observational area across from the nursing station. This location provides heightened staff monitoring and improved safety and allows for quicker staff response.
Mr. Frydman continues to exhibit active psychotic symptoms including persistent auditory hallucinations. He is frequently observed responding loudly to internal stimuli. Mr. Frydman describes the voices as “bad and evil”, “annoying”, and “horrible”, but not command in nature. During active episodes of responding to the voices, he has heightened psychomotor activity, often pacing rapidly. Mr. Fryman experiences paranoid ideations about people wanting to rape him. He has commented that the voices were “threatening us” and expressed that he worries about “babies”. He also believes that staff are trying to poison him through medications.
Throughout the reporting period, Mr. Frydman has experienced several episodes of acute psychiatric decompensation involving heightened psychotic symptoms and significant distress associated with auditory hallucinations. These decompensations led to incidents of physical aggression, including an unprovoked assault on a security guard, as well as environmental aggression. As a result, Mr. Frydman was transferred to the POD.
Mr. Frydman adheres to a scheduled medication regimen. On many occasions, he does not like to take medications, particularly Ativan, off schedule due to its sedating effects. He generally declines PRN medications because he can manage his psychotic symptoms. On occasion, he will independently request PRN support.
This reporting period, there have been medication adjustments.
Mr. Frydman declined to participate in a cognitive assessment.
Mr. Frydman has regular visits from his mother and brother, which he enjoys. His father passed away in 2025.
The Hospital Report set out several notable incidents this year. Briefly, on January 14, 2025, Mr. Frydman suddenly began screaming loudly and ran toward two security guards standing near the nursing station. He struck one guard in the face with a fist. He was placed in seclusion for this incident. On April 14, 2025, Mr. Frydman was visibly distressed and stated to staff that he wanted to “burn the voices” as they were bothersome and he wanted them to go away. He stated that he “loves fire”. On May 3, 2025, Mr. Frydman was observed yelling in the day area and he proceeded to turn over 7 tables. Security was called as he was not receptive to staff deescalation. He was secluded for safety. On May 6, 2025, he was heard responding to internal stimuli when he entered the day area and began flipping over multiple tables. He was not redirectable; security was called. On May 9, 2025, he asked staff, “If it’s a free country why am I not allowed to set fires” and talked about how much he loves fire. On June 3, 2025, Mr. Frydman was heard responding to internal stimuli and he asked to use the dream room to help manage the distress from voices. Shortly after entering the dream room, he smashed the radio on the floor shattering it. On November 17, 2025, Mr. Frydman was observed unplugging the stationary bike in the activity room and trying to put his fingers into the outlet while responding to internal stimuli. On November 29, Mr. Frydman was seen by staff striking a lighter in his room. He handed over the lighter with encouragement and shared that he loves fire. Security performed a room search and coffee, a lighter, and paper boxes were removed from his bedroom for safety. The team has been completing routine environmental searches of his room since this time.
Mr. Frydman has exercised several level 2 accompanied hospital grounds privileges this reporting period. He has also exercised level 4 community access escorted privileges several times. He has also utilized level 5 privileges (staff accompanied passes) in group outings multiple times.
Mr. Frydman’s mother is his substitute decision maker (“SDM”) for his psychiatric treatment.
Mr. Frydman is supported by Ontario Disability Support Program (“ODSP”) and he receives a Personal Needs Allowance.
Oral Evidence at the Hearing
Dr. D. Bhullar, Mr. Frydman’s in-patient psychiatrist and co-signatory of the Hospital Report, provided oral evidence at the hearing.
Dr. Bhullar testified that Mr. Frydman’s diagnosis of ADHD on the front page of the hospital report and at page 19 should be removed.
Overall, Mr. Frydman’s illness has been cyclical in nature. There are a few weeks where he does well and he exhibits no prominent psychotic symptoms. Then, he has periods where he is distressed by auditory hallucinations, he doesn’t sleep well, and his daily function is affected by his mental illness. For the past few weeks, Mr. Frydman has been in the less symptomatic phase of the cycle. For those weeks there has been no need for seclusion. He went to a community outing on December 30, 2025, and did well. He currently enjoys level 5 passes, which allow him to attend community outings with staff and peers in a group.
Mr. Frydman’s illness is ultra-treatment resistant. He is currently being treated with three antipsychotics and a mood stabilizer. It has been difficult to effectively remit all of his symptoms. Therefore, the treatment team is working to help him tolerate his residual symptoms. A behavioural therapist is working on creating a plan to help Mr. Frydman structure his days and a plan to help him develop better coping strategies when he does experience symptoms.
The hospital is not requesting changes to the Disposition this year because there have been a few incidents of aggression with peers and hospital staff, likely arising from residual psychotic symptoms. Before recommending changes to the Disposition, the treatment team would like to see a longer period of stability where he achieves no holds on his privileges. The current Disposition is the most appropriate to manage his risk to the safety of the public.
Mr. Frydman is on a medium-secure unit.
In the fall of 2025, Mr. Frydman attempted to take a lighter from a store without purchasing it. This behaviour speaks to his lack of insight regarding the index offence.
Mr. Frydman is now asking for PRNs for symptom management. This is a big step forward for him since he has been reluctant to take medications off schedule.
Mr. Frydman accepts that he is ill and needs treatment. His family has been instrumental in helping him understand his need for treatment.
Mr. Frydman’s mother and brother are undergoing the application process to become Approved Persons. It is hoped that his strong relationship with his family will bolster his recovery and quality of life.
Although Mr. Frydman’s room remains in the POD, the hospital would like the Disposition to reflect his detention within the ‘forensic service’, and not specifically reflect his current detention in a ‘secure’ forensic unit.
Analysis and Conclusions
Having heard and considered the entirety of the evidence as well as the joint submissions from the parties, the Board independently finds that Mr. Frydman remains a significant threat to the safety of the public.
Mr. Frydman suffers from ultra treatment resistant schizoaffective disorder, bipolar type. He experiences a severe burden of psychotic symptoms, primarily auditory hallucinations that are both comforting and distressing. The voices can be command in nature. This year, due to his ongoing symptoms, there been a need for increased security on the unit at times and a high level of therapeutic monitoring to manage his risk of violence. He was moved to a POD for increased observation by staff. Mr. Frydman has required seclusion at times. He has spoken openly about his love of fire and has been in possession of a lighter on the unit, in contravention of hospital rules. Given the nature of his index offence, continued interest in fire, and ongoing auditory hallucinations, the panel finds that his risk to the safety of the public remains high absent the current level of forensic oversight.
In coming to its conclusion regarding significant threat, the Board relies on the Clinical Assessment of Risk set out on pages 28 and 29 of the Hospital Report. The conclusion of the Clinical Assessment of Risk notes:
The team unanimously agrees that Mr. Frydman poses a significant risk to public safety, currently mitigated by intensive supervision and support. This risk would likely increase with reduced oversight. Accordingly, he continues to require the security of a medium secure rehabilitation unit and is not yet suitable for indirectly supervised privileges or community living.
In light of the Board’s finding of significant threat, it is charged with shaping a Disposition for the coming year.
The panel finds that there is sufficient evidence to accept the joint submission and recommendations of the parties.
For the above reasons, the Board finds that the necessary and appropriate, least onerous and least restrictive disposition is a Detention Disposition with no change to the current Detention Order.
DATED this 20^th^ day of February 2026, at the City of Toronto, in the Toronto Region.
Ms. C. Murray
Legal Member
Office of the Registrar
Ontario Review Board