Suzan E. Fraser (Amicus Curiae)

The appellant appealed a Consent and Capacity Board decision confirming his community treatment order and upholding the finding that he was incapable of consenting to antipsychotic medication and his community treatment plan.

The Superior Court found the appeal regarding the community treatment order was moot because it had expired and a new order was issued under different statutory criteria.

The court also held the Board made no palpable and overriding error in finding the appellant incapable of consenting to treatment, as there was sufficient evidence he could not appreciate the reasonably foreseeable consequences of his treatment decisions.

The appellant appealed a Consent and Capacity Board decision upholding a finding of incapacity and a Community Treatment Order (CTO).

By the time of the appeal, the CTO had expired and two subsequent CTOs had been issued, including one based on a new capacity assessment rather than the prior CTOs.

The Superior Court of Justice dismissed the appeal as moot, finding that a decision would have no practical effect on the appellant's rights and no special circumstances warranted hearing the appeal.