Re Mohan Patel, 2026 CanLII 6272

Ontario Review Board

Re: Mohan Patel

ORB File No: 7640

Hearing held on: Tuesday, January 13, 2026

Place of hearing: Ontario Shores Centre for Mental Health Sciences

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

Before:

Alternate Chairperson: Ms. L. Banks

Members: Dr. R. Sheppard Dr. L. O. Lightfoot Ms. C. Murray Ms. R. Chopra

Parties Appearing:

Accused: Mohan Patel Counsel: Mr. T. Whillier

The person in charge of hospital: Counsel: Mr. K. Dow

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated January 29, 2026)

1. On November 15, 2019, Mohan Patel was found not criminally responsible (“NCR”) on account of mental disorder on a charge of mischief, endangering life. Mr. Patel is currently subject to a Disposition of the Ontario Review Board dated January 22, 2025, pursuant to which he is ordered detained at the Forensic Program of Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or the “hospital”) with privileges up to living in the community in approved accommodation.

2. On Tuesday, January 13, 2026, the Ontario Review Board convened a hearing and conducted the annual review of Mr. Patel's Disposition pursuant to section 672.81(1) of the Criminal Code. Mr. Patel attended and was represented by his counsel, Mr. Willier.

3. The issues to be considered at this hearing are whether Mr. Patel is a significant threat to the safety of the public, and if so, the determination of the necessary and appropriate Disposition, bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.

4. For the reasons set out below, this Board has concluded that Mr. Patel continues to pose a significant threat to public safety. It is our view that the necessary and appropriate Disposition is that he remains subject to his existing Detention Order on the same terms and conditions, save and except for an amendment to paragraph 4(f) to reduce his reporting frequency to not less than once every two weeks or as required.

Position of the Parties:

5. At the outset of the hearing the parties were canvassed as to their recommendations to the Board. Counsel for the hospital advised that Mr. Patel remains a significant threat to public safety, and if the Board so finds, the necessary and appropriate Disposition is a continuation of a Detention Order but for a reduction in his reporting to not less than once every two weeks.

6. Counsel for the Attorney General supported the hospital's recommendation.

7. Mr. Whillier advised that his client also supported the hospital’s recommendation.

8. All parties maintained their joint recommendation in closing submissions.

Index Offence:

9. "The following was obtained from the Peterborough Police Service Guilty Plea Synopsis:

On April 20, 2019 at approximately 1230 hrs, Mr. Mohan Patel attended the Petro Canada gas station at 650 Lansdowne Street in the City of Peterborough. At this time, Ms. Lauren Roth was filling up her vehicle with gasoline when Mr. Patel approached her from behind and lit a lighter near the opening of her fuel filter. The area of the fuel filter engulfed in flames causing the truck to catch fire. Mr. Patel then took the fuel hose out of the tank and began spraying it on the truck and in the direction of Ms. Roth. Mr. Patel inserted the hose back inside the fuel hole while the truck was on fire. Mr. Patel then laid down under the flames setting himself on fire. Witnesses in the area put out the fire on the truck and on Patel.

Peterborough Police officers attended and investigated the incident. Subsequently, Mr. Patel was arrested for Mischief Endangering Life, two counts of Mischief over $5000 and arson – disregard for human life."

Personal Background:

10. The Board admitted into evidence the Hospital Report dated January 5, 2026 (the “Hospital Report”) which provides a great deal of information concerning Mr. Patel, his personal history, his mental health history, details of prior criminal convictions, details of the index offence and Mr. Patel's course in hospital subsequent to the date of the NCR finding. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these Reasons.

11. We note that Mr. Patel was born in India and came to Canada in 2013. He was sponsored by his wife as a permanent resident.

12. Mr. Patel reported being beaten and abused by his father when he was a child. He reported that he had difficulty speaking properly and paying attention in school as a child. When he was 13 or 14 years of age, his uncle adopted him and when his two brothers and two sisters immigrated to the United States, Mr. Patel joined them. He considers them his adopted family and they continue to remain supportive.

13. While living in the United States he met his wife who resided in Toronto. They married in 2009. He joined his wife in Canada but they divorced in 2014.

14. Mr. Patel’s brother indicated that Mr. Patel was diagnosed with bipolar disorder while living in Delaware, United States. It is reported he was smoking marijuana at the time.

15. When Mr. Patel was admitted to the Etobicoke General Hospital in September of 2014, he reported he used alcohol occasionally and had been using marijuana on a daily basis since he had separated from his wife two months before. He cited a past history of abusing cocaine and PCP but had not used them for some years.

16. Intoxication by alcohol appears to have been a catalyst in the separation from his wife. She wanted to divorce him due to his alcoholism. On June 29, 2014, while Mr. Patel and his wife were living in her father’s home, an argument ensued over his intoxication and Mr. Patel became violent with his father-in-law and wife.

17. At the time of the index offence, Mr. Patel was sharing a rented apartment with roommates in Peterborough. He supported himself through work as a motel clerk, although he was fired a few days prior to the index offence.

Criminal History:

18. In June 2014, Mr. Patel was charged and eventually convicted of assault causing bodily harm against his wife and her father.

19. In October 2014, he was charged and eventually convicted of assault against a night manager at a hotel in Toronto. He had been intoxicated from alcohol at the material time and had also apparently threatened to kill the victim during this incident.

Psychiatric History:

20. The Hospital Report Records three psychiatric admissions prior to the index offense, the last one being at the Peterborough Regional Health Centre one month prior to the commission of the index offence.

21. Following the index offence and prior to his NCR finding, Mr. Patel was admitted to the Sunnybrook Health Sciences Centre (“Sunnybrook”) after an attempt to set himself on fire. During this period of hospitalization, he required periods of mechanical and chemical restraints to safely manage him.

22. On April 30, 2019, while admitted to Sunnybrook, he threatened to slit staff members’ throats, but did not otherwise act in any way to suggest that he would follow-through. As well, on May 3, 2019, documentation suggested he had made statements to nursing staff threatening to kill his ex-wife and current partner, but he denied this when questioned about it by the psychiatric team.

Current Diagnoses:

23. Mr. Patel’s current diagnoses are:

Schizophrenia Spectrum and Other Psychotic Disorder;

Substance-Induced Psychotic Disorder (Cannabis and possibly Dextromethorphan (i.e., cough syrup));

Substance Use Disorders (Alcohol, Cannabis, Dextromethorphan, PCP, Rule Out Prescription Stimulants; in sustained remission, in a controlled environment);

Malingering; and

Rule Out Cluster B Personality Traits.

Evidence at Hearing:

24. In addition to the documentary evidence, the Board also heard from Dr. Bhullar. Dr. Bhullar has been involved in Mr. Patel’s care for the past few months since the end of October 2025. She endorsed the contents of the Hospital Report and advised that there were no material updates thereto.

25. The Hospital Report indicates that Mr. Patel continues to be assessed as capable to make treatment decisions. He currently receives Quetiapine, Bupropine and Clonazepam. These are all oral medications. Dr. Bhullar stated that despite his antipsychotic medications being at a relatively low dose, they have been sufficient to maintain stability in Mr. Patel’s mental state and his illness is considered to be in remission. Over the past year, he has not presented with any affective or psychotic disturbances. Mr. Patel has maintained adherence with his medications, both within the structured environment of the hospital and since his discharge to community living. The doctor advised that she does not consider further optimization of his medications is necessary at this time.

26. Over the past year, Mr. Patel had resided on FPRU which is a general forensic unit at the hospital. While an in-patient, he kept a low profile and utilized his privileges without incident. He did not relapse into any confirmed or suspected substance use, and was not involved in any incidents of aggression. In fact, Mr. Patel has not engaged in any incidence of aggression since 2019.

27. While an in-patient, most of his day was spent in his room as he enjoyed studying the stock market though he was not an active investor. He complied with all terms of his ORB Disposition and did not present as a management problem.

28. Dr. Bhullar testified that Mr. Patel was discharged from the hospital on October 22, 2025, to TRHP Housing (to an independent subsidized apartment in Oshawa operated by Canadian Mental Health Association (“CMHA”)). He is supported in the community by the Forensic Outpatient Service (“FOS”) and the CMHA teams. He is also supervised by his forensic transitional case manager.

29. The CMHA team is able to provide support via home visits up to twice daily. Initially, following his discharge he was seen daily but over the past few months, his contact has been reduced to three times weekly by each of FOS and the CMHA teams. Dr. Bhullar stated that the goal going forward will be to reduce the oversight of his professional support teams and assess how Mr. Patel manages his increased liberties and whether or not he is able to maintain his abstinence from substance use.

30. In response to a question posed by a panel member regarding his diagnoses, Dr. Bhullar advised that over the past year, there has been no evidence of Mr. Patel malingering; however, she stated that it continues to be a historical risk factor.

31. Dr. Bhullar noted that Mr. Patel has been tested for the presence of substances and all those tests were negative. According to the Hospital Report, Mr. Patel has abstained from confirmed or suspected substance use since his ORB supervision commenced in 2019.

32. When addressing the issue of Mr. Patel’s insight, Dr. Bhullar noted that he has a “fair” understanding of his mental illness and he recognizes that he has experienced hearing voices in the past. He also understands that his medications help him to remain well but, when assessed by Dr. Levi, Mr. Patel was unable to speculate what might happen if he were to become non-compliant. Dr. Bhullar noted that this is a clear “gap” in his insight and further development is recommended. Dr. Bhullar stated that CBT for psychosis will be recommended to assist in this regard.

33. Dr. Bhullar’s focus since his discharge has been to get Mr. Patel settled in the community and to manage stressors. To date, Mr. Patel has not engaged in any structured daily activities; however, the doctor advised that he will be soon be taking two on-line programs, each for an hour a week. As well, Dr. Bhullar stated that Mr. Patel has, in the past, expressed an interest in securing employment and she advised that the hospital can support these efforts with a vocational counsellor should he be interested.

34. Since his discharge, Mr. Patel has spent his time cooking, cleaning his apartment and exercising. He enjoys art and studying the stock market and speaking to family members.

35. The Hospital Report identified the main risk factors for Mr. Patel as being his history of violence, his history of substance use, and challenges in coping with stressors. He also has a history of medication noncompliance. There is no doubt that Mr. Patel's threat to public safety would be likely to increase dramatically should he cease medication adherence. Overall, the Hospital Report indicates that “… Mr. Patel’s risk for violent re-offending is estimated to fall in the ‘moderate’ range under a Conditional Discharge but, ‘low’ and well-managed under the current Disposition.”

36. The Hospital Report indicates that “… the most likely reoffence scenario would be if Mr. Patel were to experience an exacerbation of psychotic symptoms due to difficulties coping with stressors, a relapse to substance use, and/or treatment non-adherence. Should Mr. Patel disengage from the treatment team and signs of decompensation went unnoticed, similar to the index offences, Mr. Patel’s mood and behaviour would become increasingly unstable resulting in verbal threats and aggressive behaviour; thus, putting others at risk for psychological or physical harm. By history, his aggression has included assaults toward family members, members of public, and reckless behaviors putting others at risk of physical danger.”

37. Dr. Bhullar stated her opinion that a Detention Order Disposition remains necessary and appropriate to manage Mr. Patel's threat to public safety. Dr. Bhullar advised that the hospital continues to require oversight with regard to Mr. Patel’s placement in the community to ensure that he is well supported, monitored and supervised. These are early days in his transition to community living and his ability to be safely managed at his current residence with the existing supports in place has yet to be determined. Dr. Bhullar also opined that the provisions of the Mental Health Act would be insufficient to manage Mr. Patel's risk to public safety. Dr. Bhullar noted on occasions when Mr. Patel was experiencing some hallucinations, he would not on that basis have been certifiable pursuant to the Mental Health Act (“MHA”). She noted that it is difficult to discern early warning signs of the onset of a decompensation, and the MHA would be unlikely to assist at an early enough juncture to safely manage Mr. Patel’s risk by effecting his prompt readmission to hospital.

38. No other evidence was heard at this hearing.

Analysis and Conclusions:

39. The Board accepts the evidence of Dr. Bhullar and the evidence contained in the Hospital Report. We accept that Mr. Patel remains a significant threat to public safety. We accept that he suffers from a major mental illness. We accept the evidence that were Mr. Patel no longer under an ORB Disposition he would be likely, over time, to discontinue medication, and/or resume substance use, and thereafter would decompensate to the point where he would act out in a specific manner that would lead him to commit serious assaults on members of the public. We note the very serious nature of the index offence as well as his history of convictions for criminal assault against Mr. Patel's then wife and then father-in-law, as well as against a hotel employee.

40. We are satisfied that his existing Detention Order remains both necessary and appropriate albeit with a reduction in his reporting obligations. We note that the current Disposition allows for the privilege of community living. These are very early days in Mr. Patel’s discharge to the community and, to date, he has transitioned well, without incident and he should be commended for that. To date, Mr. Patel has received intensive supports from his out-patient treatment teams. The expert evidence before the panel indicates that a longer period of stability with a gradual reduction in these professional supports is warranted prior to Mr. Patel being an appropriate candidate for a Conditional Discharge Disposition. Further, the hospital would like to test Mr. Patel’s commitment and ability to remain abstinent in the context of community living with a gradual reduction in his supervision.

41. We accept the evidence that Mr. Patel's threat to public safety can be safely managed under his Detention Order Disposition but not under a less restrictive Conditional Discharge Disposition at this time.

42. In light of the foregoing, we endorse the joint recommendation of the parties and find that Mr. Patel’s existing Detention Order on the same terms set out in last year's Disposition, save and except for an amendment to paragraph 4(f) to reduce his reporting frequency to not less than once every two weeks or as required, remains necessary and appropriate, as well as least restrictive and least onerous.

43. In reaching our Disposition, the Board has taken into consideration public safety, Mr. Patel's mental condition and his other needs, and Mr. Patel's reintegration into society.

DATED this 29th day of January 2026, at the City of Toronto, in the Toronto Region.

Ms. L. Banks

Alternate Chairperson

Office of the Registrar

Ontario Review Board