P. Trenker

The mother moved to stay a temporary order granting the father supervised access to two children pending an appeal.

The father had previous convictions for sexual interference involving young girls.

The court granted the stay regarding the female child, finding that the motion judge lacked sufficient evidence about the circumstances of the father's prior convictions to ensure the proposed supervision would adequately protect the child.

The stay was granted without prejudice to the father providing further evidence.

The appellant appealed a decision of the Consent and Capacity Review Board confirming her treating physician's finding that she was incapable of consenting to treatment with anti-psychotic medications.

The Board found that while the appellant could understand the relevant information, her delusions prevented her from appreciating the reasonably foreseeable consequences of a decision or lack of decision about the treatment.

The Superior Court of Justice applied the reasonableness standard of review and dismissed the appeal, finding the Board's conclusion was defensible in respect of the facts and the law.