Othen v. Robertson

Othen v. Robertson

The Court dismissed the appeal, holding the Board's finding that the appellant lacked capacity to consent to antipsychotic medication was reasonable on the evidence (delusions preventing appreciation of consequences), that the appeal judge did not improperly rely on subsequent status beyond background, and that no...

Source-derived case information.

Citation
2016 ONCA 268
Parties
Applicant (appellant): Lawrence Othen; Respondent (respondent in Appeal): Dr. David Robertson
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
13 April 2016
Procedural Posture
Application Under Health Care Consent Act, 1996 (capacity to Consent to Treatment) / Court of Appeal Hearing of Appeal From Superior Court Judgment
Outcome
Appeal dismissed
Legal Topics
Capacity to Consent, Involuntary Treatment, Procedural Fairness, Reasonableness Review, Mental Health
Source Language
english
Health Law Administrative Law Civil Capacity to Consent Involuntary Treatment Procedural Fairness Reasonableness Review Mental Health

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lawrence Othen

Applicant (appellant)

Dr. David Robertson

Respondent (respondent in Appeal)

Procedural Posture

Application Under Health Care Consent Act, 1996 (capacity to Consent to Treatment) / Court of Appeal Hearing of Appeal From Superior Court Judgment

Legal Issues

  1. 1 Whether appellant was incapable of consenting to antipsychotic treatment under s.32(1) of the Health Care Consent Act, 1996
  2. 2 Whether the appeal judge erred by referencing a subsequent Board decision changing the appellant's status to involuntary patient
  3. 3 Whether the Board's finding of incapacity was unreasonable

Ratio Decidendi

The Court dismissed the appeal, holding the Board's finding that the appellant lacked capacity to consent to antipsychotic medication was reasonable on the evidence (delusions preventing appreciation of consequences), that the appeal judge did not improperly rely on subsequent status beyond background, and that no denial of a fair hearing occurred.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed