Court File and Parties

Court File No.: CV-19-00621614-0000 Date: 2019-09-24 Superior Court of Justice - Ontario

Re: Shane Tremblay, Appellant And: Dr. Monica Choi, Respondent

Before: Mr. Justice Stephen E. Firestone

Counsel: Shane Tremblay, Self-represented Kate A. Hunt, for the Respondent Dr. Monica Choi

Heard: In Writing

Endorsement

[1] Shane Tremblay (the "Appellant") has appealed the decision of the Consent and Capacity Board ("CCB") dated June 5, 2009, which confirmed a finding of incapacity with respect to consenting to or refusing treatment with antipsychotic medication.

[2] Dr. Monica Choi (the "Respondent") makes this request for an Order appointing amicus curiae because the self-represented Appellant, nor anyone on his behalf, have taken any steps to perfect this appeal or move it forward.

[3] I have reviewed the record before me. I am satisfied that the appointment of amicus curiae as a friend of the court is appropriate in the circumstances. The appointment is necessary in the interest of justice so that the appropriate assistance can be provided, and all necessary steps related to this appeal can be completed.

[4] I direct that a period of 15 days be provided to allow Legal Aid Ontario ("LAO") to investigate the Appellant's legal aid status. If the Appellant does not have a legal aid certificate or if a certificate cannot be issued expeditiously, I direct that amicus curiae be appointed for this appeal 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-Rusell, 2013 SCC 43, 2013 S.C.C. 43.

[5] It is further directed that counsel for the Respondent and an appropriate representative from LAO consult with one another in order to determine who is to be appointed as amicus curiae.

Firestone J.

Date: September 24, 2019