The appellant, who had been detained in psychiatric facilities since 1984, appealed a Superior Court decision upholding a Consent and Capacity Board finding that he was incapable of consenting to treatment with anti-psychotic medication.
Prior to the appeal hearing, the appellant was transferred to a new facility where his new treatment team implemented a successful non-pharmacological treatment program.
As no anti-psychotic medication was being proposed or anticipated, the amicus curiae suggested the appeal was moot.
The Court of Appeal agreed, noting the appellant would suffer no prejudice as the statutory six-month bar for a new review application had expired, and a material change in circumstances would justify leave for a new application regardless.
The appeal was quashed as moot.
