COURT FILE NO.: 03-66/10
DATE: 20120203
SUPERIOR COURT OF JUSTICE - ONTARIO
IN THE MATTER OF an appeal from a decision of the
Consent and Capacity Board,
Pursuant to the Health Care Consent Act, S.O. 1996, c. 2, Schedule A
as amended
AND IN THE MATTER OF
Donna Goldsmith
a patient at
CENTRE FOR ADDICTION AND MENTAL HEALTH – QUEEN STREET DIVISION
Toronto, Ontario
RE: Donna Goldsmith, Appellant
AND:
Dr. Pablo Diaz, Respondent
BEFORE: Mr. Justice B.P. O’Marra
COUNSEL:
Theodore Nemetz , for the Appellant
Nyranne Martin , for the Respondent
HEARD: January 30, 2012
ENDORSEMENT
[ 1 ] This is an appeal of a decision of the Consent and Capacity Board, dated July 15, 2010. Reasons were released July 27, 2010. Amicus curiae was appointed on July 28, 2010 for purposes of this appeal.
[ 2 ] D.G. was a voluntary patient at CAMH in Toronto. Her attending physician found her incapable of managing property. The Board convened at D.G.’s request to review the finding that she was incapable of managing property. D.G. was represented at the hearing by counsel, Ms. A. Szigeti. The Board upheld the finding that D.G. was incapable of managing her property.
[ 3 ] I have reviewed the record generated by the Board, the reasons for decision of July 27, 2010, and the submissions of counsel, including amicus curiae appointed to assist the court.
[ 4 ] The standard of review applicable to Board decisions for questions of mixed fact and law, or questions of fact alone is reasonableness. The Board carefully considered and weighed the evidence before it.
[ 5 ] The standard of review on questions of law is reasonableness. The Board concluded that because of her mental condition, Ms. Goldsmith was unable to understand relevant information and was unable to appreciate the reasonably foreseeable consequences of decisions regarding property. In doing so, the Board correctly stated and applied each of the two branches of the statutory test for financial capacity.
[ 6 ] For these reasons, the appeal is dismissed.
[ 7 ] Costs were not sought and none were ordered.
MR. JUSTICE B.P. O’MARRA
Date: February 3, 2012