Re: Tymothy Tran, 2026 CanLII 53905

Re: Tymothy Tran

ORB File No: 8208

Hearing held on: Thursday, April 23, 2026

Place of hearing: Centre for Addiction and Mental Health

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. M.D. Segal

Members: Dr. T. Verny

Dr. M. Green

Ms. A. Israel

Ms. K. McMillan

Parties Appearing:

Accused: Tymothy Tran

Counsel: Mr. P. Morabito

The person in charge of hospital: Counsel: Ms. J. Meaney

Attorney General of Ontario: Counsel: Ms. A. Dimiskovska

REASONS FOR DISPOSITION

(Dated June 3, 2026)

Introduction

1. Tymothy Tran, age 36, was on November 10, 2022, found not criminally responsible on account of mental disorder on charges of breaking and entering, and mischief under $5000, contrary to the Criminal Code.

2. Mr. Tran, who is on a detention order with privileges up to and including living in the community in supervised accommodation approved by the person in charge, appeared from the Centre for Addiction and Mental Health (the “hospital”) before the Ontario Review Board (the “Board”) for his annual hearing on April 23, 2026. Mr. Tran's mother was in attendance.

3. Exhibit 1 was the Hospital Report dated March 30, 2026; Exhibit 2 was Campbell correspondence and Exhibit 3 was some progress notes.

4. In preliminary positions all parties agreed that significant threat was present and that the current Disposition, amended slightly, was the appropriate disposition. The first minor change was that the geographic boundary for community living be extended to the Greater Toronto Area. The second was that all passes that involved indirect privileges should have an outer boundary of 200 kilometers. By the conclusion of the hearing, the Board agreed with the joint position.

Diagnoses

5. Schizophrenia;

Cannabis Use Disorder;

Stimulant Use Disorder (in sustained remission in a controlled environment).

Index Offence

6. "According to the Synopsis for Plea dated December 17, 2020, 169 Ellesmere Road is a duplex home in Toronto. On December 17, 2020, at approximately 3:00 a.m., the residents of 169 Ellesmere Road were awoken by the sound of glass smashing. One of the residents heard the sound of heavy breathing as she approached the door of her bedroom. She exited her bedroom and saw a male standing in the living room. She quickly entered the bedroom of her roommate and called 911. At approximately 3:04 a.m., officers arrived at the scene and observed that the front door was locked and a large window at the front of the house was broken. They located a male in the living room and placed him under arrest for break and enter. He was treated by Toronto Paramedic Services and transported to Scarborough General Hospital where he was treated for minor cuts.”

Background

7. The background is well set out in the Hospital Report.

Evidence at Hearing

8. Dr. I. Mohammad, a resident psychiatrist under Dr. H. Meng testified.

9. Dr. Mohammad stated that overall Mr. Tran has taken steps in the right direction. There have been some missteps. Earlier behaviours regarding rule-breaking and uneven engagement have more recently given way to increased engagement. The doctor stated that Mr. Tran responds well to increased structure. Cigarette smoking incidents have been somewhat reduced. Most weekends the patient spends a 10-hour pass at his parents’ home in Bradford. His parents are approved persons. Mr. Tran has gone on positive outings including with his sister. Mr. Tran's insight into his actions and the consequences of them is improving. There were two notable incidents in the reporting period. Both involved cannabis use. One occurred in September of 2025 and another in February of 2026. Those incidents were in contrast to a substance free stay in hospital that preceded them. The two instances were followed up by prolong conversations about the impact of cannabis on his illness. In both cases Mr. Tran appeared impacted by cannabis including heightened mood, singing and talking to himself. In both cases there was denial eventually followed by an admission of consumption. In one instance Mr. Tran twice offered up diluted samples. Despite out of character behaviours, Mr. Tran returned to his baseline within a day. In both cases Mr. Tran’s passes were suspended and he descended the privilege ladder. After both incidents Mr. Tran’s behaviour improved. There was a third incident of flinging something unknown into the bushes following an outing.

10. Dr. Mohammad reviewed how Mr. Tran was medication compliant and treatment adherent. The February incident may have been tied to the overly ambitious desire on the patient’s part to be a forklift driver. The forklift driver course involved many hours of daily study. A more stepped approach is now taken to improve Mr. Tran’s vocational aspirations.

11. In the doctor’s view family support is both beneficial and stabilizing.

12. Dr. Mohammad noted that historically there has been more insight into substances. Mr. Tran now appreciates that crystal methamphetamine is bad for him. Mr. Tran believes that cannabis is not harmful, and counseling continues.

13. The 200-kilometre radius will permit Mr. Tran to attend approved hospital outings, for example, to Niagara Falls. The extension of community living to the GTA would permit a wider search for finding supportive housing when Mr. Tran qualifies. Community housing will require a lot of supports. Ideally a future goal might involve a placement near to where his parents reside. If in the community, Dr. Mohammad would like to see weekly reporting because of the patient’s high needs. Community living is not imminent but adding that privilege will permit potential planning to proceed.

14. Clinical goals in the coming year will include an updated psychological assessment and stepwise vocational training.

15. The hospital will focus on the use of substances given chronic use and limited insight.

16. While medication adherent, there is a history of falling away from it. The doctor agreed that Mr. Tran was stressed by his Board appearance.

17. Mr. Tran had been on a community treatment order prior to the index offence.

Analysis

18. There have been some positive steps despite the missteps. Among the positive steps are a series of successful family visits on weekends. At first, they were for five hours and later were stepped up to 10 hours. Family support is a strong protective factor. While it has been a mixed year, all-in-all, incremental progress is present. The hospital's plan is sensible focusing on substances, a moderate vocational plan, and improving insight especially into substances. The joint recommendation provides room for growth and planning for next steps assuming Mr. Tran avoids substances. Significant threat is well made out in the Hospital Report and the negative incidents this past reporting year. The suggested modifications to the conditions are sensible. If in the community, weekly reporting is required. We wish Mr. Tran well in the upcoming year.

DATED this 3^rd day of June, 2026, at the City of Toronto, in the Region of Toronto.

Mr. M.D. Segal

Alternate Chairperson

__________________

Office of the Registrar

Ontario Review Board