The appellant, Timothy Keizer, appealed a decision by the Consent and Capacity Board (CCB) that found him incapable of consenting to psychiatric treatment.
The CCB had upheld Dr. Nagari's finding that Mr. Keizer suffered from delusional disorder and was incapable of applying treatment information to his circumstances due to his failure to recognize his illness.
The Superior Court of Justice allowed the appeal, finding that the Board's conclusion that Mr. Keizer suffered from a delusional disorder at the time of the hearing was unreasonable and unsupported by evidence.
The court emphasized that a patient's disagreement with a diagnosis does not automatically equate to incapacity, especially when the patient recognizes the manifestations of their condition and their refusal of treatment is based on past experience and a differing medical opinion, rather than a delusion.
The court also determined the appeal was not moot, given the potential impact on future substitute decision-maker decisions.
