Court File and Parties

COURT FILE NO.: CV-17-583630 DATE: 20180726 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Jacobus Melo, Appellant AND: Dr. John Klukach, Respondent

BEFORE: Justice Stephen Firestone

COUNSEL: Jacobus Melo in Person Kendra A. Naidoo, for the Respondent

HEARD:

ENDORSEMENT

[1] On September 22, 2017, the Consent and Capacity Board (“CCB”) confirmed a finding of incapacity with respect to consenting to or refusing treatment with antipsychotic medication. Jacobus Melo (the “Appellant”) appealed that decision on September 28, 2017. On November 15, 2017, the Appellant was served with the Record of Appeal and Transcript.

[2] On January 3, 2018, counsel for the Respondent delivered correspondence to the Appellant confirming that the appeal had not yet been perfected and, suggested that legal assistance be sought. The Appellant was advised that if the Respondent did not hear from him by January 9, 2018 or if he was not able to prepare the materials necessary, a letter would be written to the Court requesting the appointment of amicus curiae (“amicus”).

[3] On January 10, 2018, counsel who had represented the Appellant at the underlying CCB hearing advised Respondent’s counsel that the Appellant was awaiting confirmation of the identity of his lawyer following a meeting he had with a rights advisor. The Respondent was further advised that the Appellant preferred to be represented by a lawyer rather than having the assistance of amicus.

[4] On June 11, 2018, counsel for the Respondent wrote to the Appellant advising that in her view this matter cannot move forward unless he is represented by a lawyer or assisted by amicus. The Appellant was further advised that if the Respondent did not provide confirmation that he was represented by counsel by June 22, 2018, the court would be contacted and a request would be made to appoint amicus to assist with his appeal. To date the Appellant is not represented by counsel. The Appellant continues to remain detained as an involuntary patient at CAMH. He is currently untreated pending disposition of his appeal.

[5] I have considered the affidavit filed in support of the Respondent’s requested order. I am satisfied that the Appellant is in need of assistance. Should the Appellant not retain counsel within the timeline directed below then amicus is to be appointed pursuant to rule 13.02 of the Rules of Civil Procedure, R.R.O., 1990, Reg. 194 and the inherent jurisdiction of the Superior Court: See R.v. Imona-Russell, 2013 SCC 43.

[6] The Appellant is given 15 days from the date of this endorsement to retain counsel. If counsel is not retained within that timeframe then amicus is to be appointed. Legal Aid Ontario (“LAO”) is to be provided with an additional 15 days to investigate the unrepresented Appellant’s legal aid status. In the event that the Appellant does not have a legal aid certificate or such certificate cannot be issued expeditiously, LAO is to issue an amicus curiae appointment certificate pursuant to this order and amicus is to be appointed forthwith thereafter.

[7] A copy of this endorsement is to be sent by Respondent’s counsel to the Appellant and to LAO by email at genmenhealth@lao.on.ca.

Firestone J.

Date: July 26, 2018