SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 12-32614
DATE: 2012-03-30

RE: Elizabeth Laborde-Stuart (Lynn Johnson), Appellant (Responding Party)

AND:

Dr. Bruce Menchions, Respondent (Moving Party)

BEFORE: The Honourable Mr. Justice James W. Sloan

COUNSEL:
Janice Blackburn - Counsel for the Respondent (Moving Party)
Alexander N. Procope - Counsel for the Appellant (Responding Party)

HEARD: March 29, 2012

ENDORSEMENT

[ 1 ] This motion comes before the court pursuant to section 19 of the Health Care Consent Act 1996.

[ 2 ] As a result of being brought to the St. Joseph’s Healthcare Hamilton by the police on November 21, 2011, Ms. Laborde-Stuart is currently an involuntary patient at that facility pursuant to the Mental Health Act .

[ 3 ] Based on the affidavit of Dr. Cook, Ms. Laborde-Stuart is not capable to make decisions to consent or refuse treatment with antipsychotic medication and mood stabilizing medication pursuant to the Health Care Consent Act 1996.

[ 4 ] Prior to November 21, 2011 Ms. Laborde-Stuart was living at the YWCA. On or about November 21, 2011 it is alleged Ms. Laborde-Stuart was approaching co-residents in an intimidating manner and the YWCA will not let her return if she's not on some type of medication. There is no evidence before me to indicate if accommodation for Ms. Laborde-Stuart at the YWCA is still available for her or whether it will be available for her in the medium future.

[ 5 ] Ms. Laborde-Stuart has had approximately 13 prior admissions to psychiatric facilities in Ontario in the last 20 years and two prior admissions to St. Joseph's, one in 2002-03 for 20 months and one in 2006 for 4 months.

[ 6 ] Since she was discharged in the 2006 she had been followed by her family physician who either retired or passed away in August of 2011. It is alleged that Ms. Laborde-Stuart has remained unmedicated since about August of 2011. This would mean that she somehow functioned in society until November 21, 2011, for 3 - 4 months without medication.

[ 7 ] Notwithstanding that there was to be a board hearing within seven days of Ms. Laborde-Stuart’s hospitalization, for various reasons including problems obtaining legal aid funding, the matter was adjourned numerous times and finally on January 5, 2012 was made pre-emptory for the date of January 10, 2012.

[ 8 ] Unfortunately on that date Ms. Laborde-Stuart’s lawyer was ill and could not attend the hearing. The board in its wisdom and perhaps through some frustration and notwithstanding the personal objections of Ms. Laborde-Stuart proceeded with the hearing.

[ 9 ] Unfortunately, rather than allowing this matter to move forward, the hearing of Ms. Laborde-Stuart case by the board without her lawyer present has essentially caused further delays including the hearing this motion.

[ 10 ] As of this date Ms. Laborde-Stuart has counsel and both parties have agreed to have the appeal heard on May 4, 2012, approximately 5 weeks hence.

[ 11 ] In the meantime Ms. Blackburn requests an order pursuant to section 19 of the Health Care Consent Act 1996 to allow Ms. Laborde-Stuart's doctors to treat her with antipsychotic medication and mood stabilizing medication between now and the date that the appeal is filed disposed of.

[ 12 ] I'm satisfied by paragraphs 31 - 35 of the affidavit of Dr. Cook dated March 6, 2012 that the criteria under section 19 (2) (a), (b), & (c) of the Health Care Consent Act 1996 have been satisfied.

[ 13 ] I am however, not satisfied pursuant to section 19 (2) (d) of the Health Care Consent Act 1996, that Ms. Laborde-Stuart's current condition is such that it is necessary to administer the treatment before the final disposition of her appeal which will take place approximately 5 weeks from now. Even if the judge hearing the appeal reserves his/her decision, in all likelihood the final decision will be rendered within two months.

[ 14 ] I therefore dismiss the motion without costs.

J. W. Sloan J.

Date: March 30, 2012