Lee v. Center for Addiction and Mental Health
The appeal is dismissed because the Court found the Review Board applied the Pinet framework, its factual finding of dangerousness was supported by the evidence, and the detention order was necessary and the least onerous and least restrictive option.
Source-derived case information.
- Citation
- C41145
- Parties
- Appellant: Hyung Sung Lee; Respondent: Center for Addiction and Mental Health; Respondent: Attorney General of Ontario
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 September 2004
- Procedural Posture
- Civil / Appeal to Court of Appeal From Ontario Review Board Disposition (october 3, 2003)
- Outcome
- Appeal dismissed
- Legal Topics
- Review Board Detention Order, Dangerousness Finding, Least Onerous and Least Restrictive Detention, Application of Pinet V. St. Thomas Psychiatric Hospital
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hyung Sung Lee
Appellant
Center for Addiction and Mental Health
Respondent
Attorney General of Ontario
Respondent
Procedural Posture
Civil / Appeal to Court of Appeal From Ontario Review Board Disposition (october 3, 2003)
Legal Issues
- 1 Whether the Ontario Review Board followed the legal framework set out in Pinet v. St. Thomas Psychiatric Hospital
- 2 Whether the Board's factual finding of dangerousness was supported by the evidence
- 3 Whether the detention order was necessary and constituted the least onerous and least restrictive option
Ratio Decidendi
The appeal is dismissed because the Court found the Review Board applied the Pinet framework, its factual finding of dangerousness was supported by the evidence, and the detention order was necessary and the least onerous and least restrictive option.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Lee v. Center for Addiction and Mental Health Collection Decisions of the Court of Appeal Date 2004-09-15 Docket numbers C41145 Judges McMurtry, Roy; Doherty, David H.; Lang, Susan Elizabeth Subject Civil Decision Content DATE: 20040915 DOCKET: C41145 COURT OF APPEAL FOR ONTARIO RE: HYUNG SUNG LEE (Appellant) v. CENTER FOR ADDICTION AND MENTAL HEALTH (Respondent) and THE ATTORNEY GENERAL OF ONTARIO (Respondent) BEFORE: MCMURTRY C.J.O., DOHERTY and LANG JJ.A. COUNSEL: Patricia Carson for the appellant Roger Shallow for the respondent, Attorney General of Ontario J.E. Blackburn for the CAMH HEARD & ENDORSED: September 13, 2004 On appeal from the disposition of the Ontario Review Board dated October 3, 2003. APPEAL BOOK ENDORSEMENT [1] The Board followed the legal template set out in Pinet v. St. Thomas Psychiatric Hospital 2004 S.C.R. 21. [2] The Board’s factual finding of dangerousness was fully supported by the evidence accepted by the Board. [3] The Board’s finding that a detention order was necessary and provided the “least onerous and least restrictive” was also fully supported by the evidence. [4] The appellant has an annual review coming up in a few weeks. No doubt the Board will give careful consideration to the appellant’s conduct over the last year. [5] The appeal is dismissed.