Court File and Parties
Court File No.: CV-16-548403 Court File No.: CV-15-540302 Date: 2017-07-26 Superior Court of Justice - Ontario
Re: Rocco Capano And: Dr. Justin Geagea
Before: Stewart J.
Counsel: D’Arcy Hiltz, for the Appellant/Responding Party Kendra A. Naidoo, for the Respondent/Moving Party
Heard: December 16, 2016
Supplementary Endorsement
[1] Since releasing my endorsement of June 21, 2017 counsel for Dr. Geagea, with permission from counsel for Rocco Capano, has alerted me to my inadvertent omission of reference in that endorsement to Capano’s additional appeal from two decisions of the Consent and Capacity Board dated November 4, 2015 in which the Board (a) confirmed Dr. Geagea’s finding that Capano was incapable with respect to antipsychotic medication and (b) confirmed Capano’s involuntary status.
[2] Dr. Geagea was Capano’s attending physician from July 31, 2016 to January 11, 2016. On August 4, 2016, Dr. Geagea made a finding that Capano was incapable of consenting to antipsychotic medication. On October 27, 2016, Dr. Geagea issued a Form 4 – Certificate of Renewal, renewing Capano’s involuntary status.
[3] On October 23, 2015 Capano applied to the Board to review the finding of incapacity with respect to his antipsychotic medication. On October 27, 2015 he applied to the Board for a review of his involuntary status.
[4] On November 3, 2015, following two adjournments, the Board held a hearing to review Capano’s involuntary status and capacity to consent to antipsychotic medication. The Board upheld Capano’s involuntary status and the finding of incapacity.
[5] On November 20, 2015 Capano appealed the Board’s Decisions confirming his involuntary status and upholding the finding of incapacity with respect to antipsychotic medication.
[6] On January 11, 2016, Capano was discharged from CAMH. Addition details of his psychiatric history and treatment are contained in my previous endorsement.
[7] At the present time, Capano is no longer an inpatient at CAMH. Dr. Geagea takes the position that there is no longer a live issue between the parties with respect to Capano’s involuntary status in November 2015. As a result, he submits that the present appeal, insofar as it relates to Capano’s involuntary status appeal, ought to be dismissed as moot.
[8] For the reasons set out in my previous endorsement, and for the reasons advanced in the factum filed on Dr. Geagea’s behalf, I agree.
[9] In any event, the Board did not err in confirming Capano’s involuntary status. That decision was reasonable and fully supported by the evidence.
[10] That aspect of this appeal, like the other appeals of decisions dealt with in my endorsement of June 21, 2017, is therefore dismissed as moot.
[11] Likewise, the Board’s decision upholding Dr. Geagea’s August 4, 2016 finding of Capano’s incapacity with respect to antipsychotic medicine was fully supported by the evidence before the Board. That aspect of the appeal is therefore also dismissed.
[12] Costs, if not agreed upon, maybe addressed by way of written submissions on the timetable imposed for that purpose which will begin to run as of the date of this Supplementary Endorsement.