Shipman (Re)
Because the Board's disposition had been implemented and the appellant sought no remedy, the appeal was moot and the Court declined to address the supervisory powers issue.
Source-derived case information.
- Citation
- 2017 ONCA 36
- Parties
- Appellant: James Shipman; Respondent: Brockville Mental Health Centre; Respondent: Attorney General of Ontario
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 19 January 2017
- Procedural Posture
- Criminal Appeal Under Part Xx.1 of the Criminal Code / Appeal to Court of Appeal (oral Hearing January 12, 2017)
- Outcome
- Appeal dismissed as moot.
- Legal Topics
- Supervisory Powers of Review Board, Mootness, Implementation of Disposition, Judicial Restraint
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Shipman
Appellant
Brockville Mental Health Centre
Respondent
Attorney General of Ontario
Respondent
Procedural Posture
Criminal Appeal Under Part Xx.1 of the Criminal Code / Appeal to Court of Appeal (oral Hearing January 12, 2017)
Legal Issues
- 1 Whether the Court should address the supervisory powers of the Ontario Review Board between hearings when the Board's disposition has been implemented
- 2 Whether the appeal is moot where the disposition has been implemented and the appellant seeks no remedy
Ratio Decidendi
Because the Board's disposition had been implemented and the appellant sought no remedy, the appeal was moot and the Court declined to address the supervisory powers issue.
Court Disposition
Appeal dismissed as moot.
Orders
- Appeal dismissed as moot.
Full Case Text
Judgment text and source record
1 paragraphs
Shipman (Re) Collection Decisions of the Court of Appeal Date 2017-01-19 Neutral citation 2017 ONCA 36 Docket numbers C62250 Judges Feldman, Kathryn N.; Rouleau, Paul S.; van Rensburg, Katherine Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Shipman (Re), 2017 ONCA 36 DATE: 20170116 DOCKET: C62250 Feldman, Rouleau and van Rensburg JJ.A. IN THE MATTER OF: James Shipman AN APPEAL UNDER PART XX.1 OF THE CODE Meaghan McMahon, for the appellant Michelle O’Bonsawin, for Brockville Mental Health Centre Rochelle Direnfeld, for the Attorney General of Ontario Heard: January 12, 2017 On appeal against the disposition of the Ontario Review Board dated April 11, 2016. APPEAL BOOK ENDORSEMENT [1] The appellant’s appeal raises an issue with respect to the supervisory powers of the Board between hearings. As the Board’s disposition has been implemented and the appellant seeks no remedy on the appeal, we agree with the respondents that the appeal is moot. We therefore decline to address the issue raised. The appeal is dismissed as moot.