Court File and Parties
Court File No.: CV-19-00614828-0000 Date: 2020-01-08 Superior Court of Justice - Ontario
Re: Ralph Peter Boehme, Applicant And: Dr. Lorne Chapman, Respondent
Before: Mr. Justice Stephen E. Firestone
Counsel: Ralph Peter Boehme, Self-Represented Applicant Naveen Hassan, for the Respondent
Heard: In writing
Endorsement
1Ralph Peter Boehme (the “Appellant”) appeals the decision of the Consent and Capacity Board (“CCB”) dated February 7, 2019 which confirmed a finding that he is incapable with respect to managing his property under the Mental Health Act.
2On October 4, 2019, counsel for the Respondent, Dr. Lorne Chapman (the “Respondent”) attended Civil Practice Court (“CPC”) to schedule the hearing of the appeal and set a timetable for delivery of facta. At that appearance, the appeal was scheduled for January 15, 2020.
3The Respondent had previously delivered the Record of Proceedings and Transcripts on or about May 14, 2019. In accordance with section 80(5) of the Health Care Consent Act, the Appellant was to deliver his factum within 14 days after being served with these materials.
4By way of correspondence dated June 20, 2019 and email dated July 31, 2019, Respondent’s counsel wrote to the Appellant advising of the necessary procedural steps required to perfect the appeal and encouraged the Appellant to retain counsel.
5At the CPC attendance a timetable was set. The Appellant has not complied with the timetable and the appeal has not been perfected. As a result, the Respondent requests that the appeal hearing date of January 15, 2020 be vacated and amicus curiae be appointed to assist the court.
6Under the circumstances, I am satisfied that the hearing date of January 15, 2020 must be vacated and further that the appointment of amicus curiae is appropriate in the circumstances. The appointment is necessary in the interest of Justice so that the appropriate assistance can be provided, and all remaining steps related to this appeal completed.
7I 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 as soon as possible 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.
8Counsel for the Respondent and an appropriate representative from LAO are to consult with one another in order to determine who is to be appointed as amicus curiae.
9I further direct that the parties or their representatives attend CPC Court to fix a new hearing date for this appeal.
Firestone J.
Date: January 8, 2020