The appellant, who was detained under an Ontario Review Board order following a finding of not criminally responsible for arson, appealed a Consent and Capacity Board decision confirming his incapacity to consent to treatment with antipsychotic medication.
The appellant argued the Board erred in law and made palpable and overriding errors of fact in applying the test for capacity under s. 4(1) of the Health Care Consent Act.
The Superior Court of Justice found no errors in the Board's application of the law or its assessment of the evidence, including its credibility findings, and dismissed the appeal.
