Paul E. Trenker

The accused, previously found not criminally responsible for assault and breach of probation, appeared before the Ontario Review Board for his annual hearing.

The Board heard evidence from his treating psychiatrist that while he is stable and seeking employment, he continues to experience episodes of agitation and paranoia.

The Board concluded that the accused remains a significant threat to public safety and ordered the continuation of his conditional discharge as the least onerous and least restrictive disposition.

The accused, previously found unfit to stand trial on charges including aggravated assault and break and enter, appeared before the Ontario Review Board for a mandatory hearing.

The hospital and Crown argued he remained unfit, supported by his treating psychiatrist who expressed concerns about his ability to communicate with counsel and apply fitness concepts.

The accused testified and demonstrated an understanding of the justice participants, the trial process, and potential outcomes.

The Board found the accused fit to stand trial, concluding his answers were not merely memorized and he possessed a reality-based understanding of the proceedings.

The Board ordered him returned to court, noting it lacked authority to amend his pre-existing disposition.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for theft and robbery.

The accused, diagnosed with schizophrenia and methamphetamine use disorder, had made clinical progress but remained an elopement risk and vulnerable to substance-induced psychosis.

Relying on uncontroverted expert psychiatric evidence, the Board found the accused continued to pose a significant threat to public safety.

The Board ordered the continuation of a Detention Order with added conditions requiring substance abstention and testing, while permitting staff-escorted travel passes to facilitate family connection.

The Ontario Review Board held an annual hearing for an accused found not criminally responsible for mischief and assault.

The accused, diagnosed with schizophrenia and narcissistic personality disorder, declined to attend the hearing.

The Board reviewed the hospital report and psychiatric evidence, which indicated the accused continues to pose a significant risk to the public due to his mental illness, lack of insight, and history of non-compliance with treatment.

The Board concluded that the current disposition, which detains the accused at the hospital with significant privileges, remains the least onerous and least restrictive disposition that balances his needs and public protection.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for possession of a weapon for a dangerous purpose and failing to comply with a probation order.

The accused, diagnosed with schizophrenia and substance use disorder, had made significant progress while living in a supervised community residence under a Conditional Discharge.

Relying on uncontroverted expert psychiatric evidence, the Board found that the accused continues to pose a significant threat to public safety that can be managed in the community.

The Board ordered the continuation of the Conditional Discharge with the same terms, supporting a gradual transition to the civil mental health system.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for first-degree murder.

The accused, diagnosed with schizophrenia, had been living in a supervised community residence and demonstrating stability, though he continued to experience anxiety and periodic paranoia.

Relying on expert psychiatric evidence, the Board found the accused continued to pose a significant threat to public safety.

The Board ordered the continuation of the detention order but amended it to allow indirectly supervised travel passes of up to 14 days to facilitate family visits.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for criminal harassment and breach of probation.

The accused, diagnosed with Schizoaffective Disorder, Bipolar Type, did not attend the hearing.

Relying on the uncontroverted expert evidence of the treating psychiatrist, the Board found that the accused continues to pose a significant threat to public safety, noting a history of rapid decompensation when living in the community without oversight.

The Board ordered a continuation of the Detention Order with an amendment to allow travel passes within Ontario, while the hospital continues to advocate for supported community housing.

The accused, who was found not criminally responsible for uttering threats and mischief, appeared before the Ontario Review Board for his mandatory annual hearing.

All parties agreed that the current detention order best served his needs and public safety.

The Board found that the accused continues to pose a significant threat to the public due to his schizoaffective disorder, history of non-compliance, and rapid decompensation when placed in the community.

The Board accepted the joint submission and maintained the detention order at the hospital.

Decision on costs following a trial judgment in a civil action.

The defendant argued no costs should be payable because the award was under $200,000 and the action should have proceeded under Rule 76 Simplified Procedure.

The court rejected this argument, finding it was reasonable for the plaintiff to have commenced and continued the action under ordinary procedure given the claims for general and punitive damages were not vexatious.

Applying the factors under Rule 57.01, the court awarded the plaintiff partial indemnity costs of $77,264.97, noting the plaintiff's multiple settlement offers exceeded the trial outcome except for one early offer.

The Ontario Review Board conducted an annual review of the accused's conditional discharge disposition.

The accused had previously been found not criminally responsible for threatening offences.

The Board heard evidence that the accused's mental health declined when his medication was altered, leading to aggressive behaviours, but stabilized upon resuming treatment.

The Board found that the accused continues to pose a significant threat to public safety and ordered that his conditional discharge be continued on the same terms, including 24-hour supervised housing.

The Ontario Review Board held an annual disposition hearing for an accused found not criminally responsible for assaulting a peace officer.

The accused, diagnosed with treatment-refractory schizophrenia and severe substance use disorders, had recently eloped from the hospital, leading to rapid mental decompensation.

Accepting the uncontroverted evidence of the treating psychiatrist, the Board found that the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the current detention disposition with no changes, concluding it was the least onerous and least restrictive disposition necessary to manage the risk.

The Ontario Review Board conducted an annual review of the accused's disposition.

The accused was previously found not criminally responsible for break and enter and assault offences.

The Hospital and the Attorney General recommended continuing the detention order with the addition of travel passes within Ontario.

The accused sought a conditional discharge.

The Board accepted the treating psychiatrist's evidence that the accused continues to pose a significant threat to public safety due to his history of violence when psychotic and rapid decompensation.

The Board ordered the continuation of the detention disposition with the addition of travel passes.

The Ontario Review Board held an annual review hearing for the accused, who was previously found unfit to stand trial on charges including assault and breach of probation.

The Board considered evidence from the hospital, including psychiatric assessments indicating the accused suffers from schizophrenia and cannabis use disorder, and experiences ongoing paranoia and delusions.

The Board found that the accused remains unfit to stand trial as he cannot appreciate the charges or meaningfully participate in a trial.

The Board also concluded that the accused continues to represent a significant threat to public safety due to his propensity for unprovoked aggression when unwell.

The Board ordered the continuation of the current detention order at the hospital.

The accused was found not criminally responsible for break and enter, assault, and assault with a weapon.

At the initial disposition hearing, the Ontario Review Board found that the accused, who suffers from Schizoaffective Disorder, continues to pose a significant threat to public safety due to his lack of insight and recent commencement of medication.

The Board ordered the accused detained at the hospital with limited privileges, including a prohibition on cannabis use, finding he was not yet ready for indirectly supervised community access.

The Ontario Review Board held an annual hearing to review the disposition of the accused, who was previously found unfit to stand trial on charges including criminal harassment and assault.

Relying on the hospital report and uncontroverted expert psychiatric evidence, the Board found that the accused remains unfit to stand trial due to intellectual disability and developmental delays.

The Board further concluded that the accused continues to represent a significant threat to public safety and ordered the continuation of his detention at the hospital.

The accused, previously found not criminally responsible for attempted murder and designated a high-risk accused, appeared for his annual review hearing before the Ontario Review Board.

The Board found that he continues to present a significant threat to the safety of the public due to his schizophrenia, despite improvements in his mental status and adherence to treatment.

The Board ordered the continuation of his current detention disposition without changes to his privileges.

Additionally, on the joint request of the parties, the Board ordered the hospital to arrange a formal risk assessment to assist in determining at the next annual review whether to refer his high-risk accused designation to the Superior Court for review.

The Ontario Review Board held an annual review hearing for an accused previously found unfit to stand trial on various assault and weapons charges.

The accused, who has diagnoses of schizophrenia, intellectual disability, and fetal alcohol spectrum disorder, sought indirectly supervised access to the hospital and grounds.

The Board accepted the joint submission of the parties and the evidence of the attending psychiatrist that the accused remains unfit to stand trial and continues to pose a significant threat to public safety.

The Board ordered that the accused remain subject to a detention order at the hospital with no changes to his privileges, denying the request for indirectly supervised access due to his cognitive limitations and risk of aggressive behaviour.

The Ontario Review Board held an annual review hearing for the accused, who was found not criminally responsible for second-degree murder in 1992.

The accused has schizoaffective disorder and a moderate intellectual disability.

The Board accepted a joint submission to maintain the accused's conditional discharge, noting his stable mental status and successful transition to a community residence, while finding he continues to pose a significant threat to public safety requiring ongoing supervision.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for sexual assault.

The accused had made significant progress in treatment, remaining free of substance use and engaging in therapy, and was recently transitioned to a community group home.

All parties jointly submitted that the accused continues to pose a significant threat to public safety and recommended continuing the detention order with a minor amendment to the geographic restriction for approved accommodation.

The Board agreed, finding that while the accused had made real progress, ongoing forensic supervision and a detention order were necessary to monitor his transition to community living and ensure public safety.

The accused was found unfit to stand trial on charges including harassing communications and mischief, stemming from hundreds of unwarranted calls to emergency services.

The Ontario Review Board held an initial disposition hearing.

Based on psychiatric evidence that the accused suffers from schizoaffective disorder and intellectual disability, and continues to experience delusions and exhibit aggressive behaviour, the Board concluded she remains unfit to stand trial.

A detention order was issued to keep the public safe while managing her mental condition, with provisions for controlled community access if her condition improves.