Court File and Parties

Court File No.: CV-22-00688733-0000 Date: 2023-04-03 Superior Court of Justice - Ontario

Re: NODEBE AGBAPU, Appellant And: DR. TARIQ MUNSHI, Respondent

Before: Regional Senior Justice Firestone

Counsel: Nodebe Agbapu, self-represented Jennifer Arduini, for the Respondent

Heard: In Writing

Endorsement

[1] This matter arises from an appeal by Nodebe Agbapu (the “Appellant”) of the decision of the Consent and Capacity Board (“CCB”) dated September 29, 2022, confirming a finding of incapacity with respect to treatment with anti-psychotic medication. The Appellant has appealed that decision. Pursuant to section 18(3) of the Health Care Consent Act, 1996, S.O. 1996, c.2 Schedule A, the Respondent is not permitted to treat the Appellant with the proposed treatment pending the disposition of the Appeal.

[2] On March 29, 2023, counsel for the Respondent directed correspondence, which was copied to the Appellant, to my attention.

[3] In that correspondence counsel advised that on March 7, 2023, they attended Civil Practice Court (“CPC”). At that time counsel requested that amicus curiae be appointed. The appellant, who is self-represented, opposed that request. The CPC Court Judge directed that such request be brought by way of motion.

[4] Given the time it will take to have such motion scheduled and heard, the importance of ensuring that the Appellant’s interests are fairly represented, as well as the importance of moving this matter forward expeditiously, Respondent’s counsel requests that the Court consider the appropriateness of appointing amicus curiae now.

[5] In accordance with the Motions Judge’s direction, the request to have amicus curiae appointed is to be brought by way of motion. I direct that this motion be brought in writing before me in accordance with the provisions of Rule 37.12.1(4) of the Rules of Civil Procedure, R.R.O.1990, Reg.194.

Date: April 3, 2023 R.S.J. Firestone