Court File and Parties
Court File No.: CV-17-569543 Date: 2017-06-29 Superior Court of Justice - Ontario
Re: Craig Barker, Appellant And: Dr. Kiran Patel, Respondent
Before: Mr. Justice Stephen Firestone
Counsel: Craig Barker, In Person Kate A. Hunt, for the Respondent
Heard: In Writing
Endorsement
[1] The matter before me arises as a result of an appeal by Mr. Craig Barker (the “Appellant”) from the decision of the Consent and Capacity Board (“CCB”) dated February 3, 2017, confirming a finding of incapacity with respect to treatment with antipsychotic and ancillary side effect medications.
[2] Counsel for the Respondent Dr. Kiran Patel (the “Respondent”) requests that amicus curiae be appointed given that the Appellant is self-represented and has taken any steps to perfect the appeal or move it forward.
[3] I have reviewed the affidavit in support of the requested order. I am satisfied based on the record before me that the appointment of amicus curiae as a friend of the court is appropriate and necessary so that the necessary assistance can be provided, that all remaining steps be completed in order to ensure the orderly conduct of the proceeding.
[4] I therefore direct that amicus curiae be appointed in this appeal within the next 7 days pursuant to Rule 13.02 of the Rules of Civil Procedure, R.R.O. 1990, Reg.194 (“the Rules”) and the inherent jurisdiction of the Superior Court: R. v. Imona-Russell, 2013 SCC 43. I direct that Ms. Kate A. Hunt, counsel for the Respondent and Mr. Wayne van der Meide, Regional Manager, Provincial Case Management Office, Legal Aid Ontario, consult with one another in order to determine who is to be appointed as amicus.
[5] I further direct that once amicus has been appointed that I be provided with a proposed timetable for the completion of all remaining steps in this matter for my consideration and approval. This is to be provided to me as soon as this is possible.
[6] A copy of this decision is to be sent by Respondent’s counsel to the Appellant and Mr. Wayne van der Meide. The parties may contact me if any further order regarding the appointment of amicus is necessary.
Firestone J. Date: June 29, 2017