The appellant appealed a decision of the Consent and Capacity Board which confirmed his treating psychiatrist's opinion that he was incapable of consenting to or refusing antipsychotic medication.
The appellant argued the Board misconstrued the evidence.
The Ontario Divisional Court applied the reasonableness standard of review, finding that the Board properly applied the two-part capacity test under the Health Care Consent Act and reasonably distinguished the facts from Supreme Court of Canada precedent.
The appeal was dismissed.