Ontario (Review Board) v. Caster
Because the NCR finding had been set aside on appeal, the Court of Appeal lacked jurisdiction to hear the appeal from the Ontario Review Board and the appeal was quashed for want of jurisdiction.
Source-derived case information.
- Citation
- 2015 ONCA 155
- Parties
- Appellant: Ontario (Review Board); Respondent: Ontario Shores Centre for Mental Health; Respondent: Her Majesty the Queen; Accused: Kyle Caster
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 March 2015
- Procedural Posture
- Appeal Under Part Xx.1 of the Criminal Code / Court of Appeal — on Appeal From Ontario Review Board Disposition Dated May 5, 2014
- Outcome
- Appeal quashed for want of jurisdiction.
- Legal Topics
- Not Criminally Responsible (ncr), Jurisdiction, Review Board Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ontario (Review Board)
Appellant
Ontario Shores Centre for Mental Health
Respondent
Her Majesty the Queen
Respondent
Kyle Caster
Accused
Procedural Posture
Appeal Under Part Xx.1 of the Criminal Code / Court of Appeal — on Appeal From Ontario Review Board Disposition Dated May 5, 2014
Legal Issues
- 1 Whether the Court of Appeal had jurisdiction to hear an appeal from the Ontario Review Board after the underlying NCR finding was set aside on appeal
- 2 Effect of setting aside an NCR finding on subsequent Review Board proceedings and related appeals
Ratio Decidendi
Because the NCR finding had been set aside on appeal, the Court of Appeal lacked jurisdiction to hear the appeal from the Ontario Review Board and the appeal was quashed for want of jurisdiction.
Court Disposition
Appeal quashed for want of jurisdiction.
Orders
- The NCR finding has been set aside on appeal.
- This appeal from the Ontario Review Board decision is quashed for want of jurisdiction.
Full Case Text
Judgment text and source record
1 paragraphs
Ontario (Review Board) v. Caster Collection Decisions of the Court of Appeal Date 2015-03-11 Neutral citation 2015 ONCA 155 Docket numbers C58833 Judges Sharpe, Robert J.; Gillese, Eileen E.; Benotto, Mary Lou Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Ontario (Review Board) v. Caster, 2015 ONCA 155 DATE: 20150310 DOCKET: C58833 Sharpe, Gillese and Benotto JJ.A. IN THE MATTER OF: Kyle Caster AN APPEAL UNDER PART XX.1 OF THE CODE Anita Szigeti, for the appellant B. Walker-Renshaw, for the respondent, Ontario Shores Centre for Mental Health Jason Gorda, for the respondent, Her Majesty the Queen Heard: March 6, 2015 On appeal against the disposition of the Ontario Review Board dated, May 5, 2014. APPEAL BOOK ENDORSEMENT [1] The NCR finding has been set aside on appeal and accordingly this appeal from the ORB decision is quashed for want of jurisdiction.