Ontario Review Board
Re: Ashley Wellbanks
ORB File No: 8406
Hearing held on: Wednesday, December 17, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. C. MacIntyre, KC Members: Dr. K. Hand Dr. M. Kalia Mr. J. Goldenberg Mr. R. Rainboth
Parties Appearing:
Accused: Ashley Wellbanks Counsel: Mr. D. Medd
The person in charge of hospital: Counsel: Ms. A. Marshall
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated January 21, 2026)
Introduction
On October 12, 2023, Ashley Wellbanks was found unfit to stand trial on charges of causing disturbance in a public place, assault with a weapon, mischief - not exceeding $5000 and failure to comply with undertaking, all contrary to the Criminal Code.
Ms. Wellbanks is currently subject to an Ontario Review Board Disposition of December 23, 2024, which determined that she was unfit to stand trial and ordered her to be detained within the Forensic Program at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) with privileges up to and including to live in the community in accommodation approved by the Person in Charge.
On December 17, 2025, the Ontario Review Board convened at Ontario Shores to determine if Ms. Wellbanks remains unfit to stand trial, and if so, to review her Disposition pursuant to s. 672.81(1) of the Criminal Code.
At the outset of the hearing, all parties submitted that the evidence would determine that Ms. Wellbanks is fit to stand trial and should be returned to court for determination of her fitness to stand trial pursuant to s. 672.48(2) of the Criminal Code.
Index Offences
- A description of the circumstances surrounding the index offences is contained in last year's Reasons for Disposition as follows:
“On June 29, 2023, Ms. Wellbanks attended the Petro Canada located at 58 Dundas Street West in Belleville, Ontario and assaulted the gas bar attendant by throwing a soda can at her and striking her in the arm. Ms. Wellbanks also caused damage to some of the merchandise in the store. Ms. Wellbanks was arrested, charged and then released with a condition not to attend the Petro Canada. Soon thereafter, Ms. Wellbanks returned to the gas station and police received complaints of her behaviour.”
Background
Ms. Wellbank’s personal and psychiatric background and contacts with the criminal justice system are well documented in the filed hospital report of Dec 05, 2025 and should be referred to for detail.
Ms. Wellbanks is a 43-year-old woman who has a history of heavy substance use, a criminal record involving drugs and assault and failing to comply with orders. She suffers from schizoaffective disorder - bipolar subtype, stimulant use disorder (severe - amphetamines; in sustained remission in a controlled environment), rule out substance-induced major neurocognitive disorder. Ms.Wellbanks also has a history of non-adherence to treatment in the community.
At Ms. Wellbanks’ previous annual review on December 23, 2024, the Review Board heard evidence that despite medicating with clozapine, she continued to have residual psychosis and suffered from cognitive and functioning deficits from her substance abuse.
In its conclusion, the Board found that Ms. Wellbanks continued to be unfit to stand trial. The Board accepted evidence that if Ms. Wellbanks was not supervised it was likely that she would discontinue her medication with an increase in aggressive behaviour and the general public would be at risk of significant physical or psychological harm.
The hospital team was then looking for an appropriate residence in the community with a view that a 24-hour supervised residence could be necessary.
Evidence
The hospital’s evidence was provided by the contents of the December 5, 2025, Hospital Report and supplemented by oral evidence from Dr. Derek Pallandi, a signatory to that report. Ms. Wellbanks has been found incapable of consenting to her psychiatric treatment and her biological mother continues to be her substitute decision maker.
As planned in the prior reporting year, on January 27, 2025, Ms. Wellbanks was discharged to live in a supervised home in the community (Brigitta’s Residential Home in Newmarket, Ontario).
A cognitive assessment was also planned last year and this took place in July 2025. The results of the tests indicated that Ms. Wellbanks’s overall cognitive functioning levels fall in the extremely low range, with significant challenges in verbal comprehension, working memory, and processing speed. The Hospital Report notes that these findings do help to explain her difficulties with abstract reasoning, interpreting consequences, managing finances and understanding complex legal concepts.
Ms. Wellbanks continues to receive clozapine medication, however, in November 2024 when her clozapine serum level became elevated, this was reduced with the benefit that Ms. Wellbanks felt better after the dose decrease.
From time-to-time Ms. Wellbanks would miss a medication dose and sometimes she would personally report a missed dose. Although she cooperates generally with her treatment team, she reacts negatively when topics related to her fitness or substance use or blood work are raised with her. On February 10, 2025, she refused her clozapine and blood work.
In March 2025, Ms. Wellbanks began volunteering at the Salvation Army thrift store working four-hour shifts up to six days a week. Near the end of October 2025, following a misunderstanding involving a $5 payment, she was asked to not return.
Dr. Pallandi has been Ms. Wellbanks’ outpatient psychiatrist for a number of months. He testified that Ms. Wellbanks’ period of living in the community has gone well. There have been no behavioural or management issues or relapses and she has been cooperative with home staff and the outpatient team. The home is quite supportive of her and she has made some friends there and she maintains contact with her mother.
Dr. Pallandi testified that if Ms. Wellbanks is found to be fit, she can stay at this home. Currently her risk in the context of compliance, housing stability and insight is considered low.
In Dr. Pallandi’s opinion, Ms. Wellbanks is fit to stand trial. She understands her charges and why she was arrested (although she doubts that there was a weapon involved). Ms. Wellbanks understands the pleas available to her and the nature of the oath and the roles of the court officers and the consequences of a trial.
Dr. Pallandi was of the strong opinion that overall, Ms. Wellbanks has the ability to communicate with and instruct counsel and participate in her legal proceedings.
Asked about any concerns about the deterioration of her mental state between now and her court attendance, Dr. Pallandi’s main concern was if she became noncompliant or used substances. However, at this point Ms. Wellbanks seems to have control over these factors.
The hospital would continue to be involved with her care until her court appearance and it returned to the hospital, would continue to treat her until a potential trial.
Decision
At the conclusion of the evidence the parties maintained their initial position that Ms. Wellbanks is considered to be fit to stand trial. The Board agrees with this assessment. The evidence supports that Ms. Wellbanks’ responds correctly to the basic Taylor test questions and importantly, has the ability to communicate with counsel and participate meaningfully in her trial.
Accordingly, Ms. Wellbanks will be returned to court further to s. 672.48(2). In the meantime, Ms. Wellbanks remains under the terms and conditions of her current Detention Order.
DATED this 21st day of January 2026, at the City of Toronto, in the Region of Toronto.
Mr. C. MacIntyre, KC Alternate Chairperson
Office of the Registrar Ontario Review Board