Sugunasiri

The appellant, diagnosed with schizoaffective disorder, appealed a decision of the Consent and Capacity Board upholding his treating psychiatrist's finding that he was incapable of making treatment decisions regarding anti-psychotic medication.

The appellant argued the physician applied the wrong legal test, lacked corroborating evidence under the Evidence Act, and that the record did not support a finding of incapacity.

The Superior Court of Justice dismissed the appeal, finding the Board correctly concluded the physician applied the proper test, the evidence was sufficiently corroborated by other doctors and the appellant's own testimony, and the record supported the finding that the appellant's denial of any mental condition rendered him incapable of appreciating the consequences of treatment.

The appellant, a forensic patient with schizophrenia, appealed a decision of the Consent and Capacity Board upholding his treating physician's finding that he was incapable of consenting to treatment with antipsychotic medication.

The appellant argued that his mutism during periods of deterioration did not equate to an inability to appreciate the reasonably foreseeable consequences of treatment decisions.

The Superior Court of Justice allowed the appeal, finding that the Board failed to analyze or address the appellant's central argument, rendering the reasons inadequate and preventing meaningful appellate review.

The Board's decision was quashed and the matter remitted for a rehearing.