The Consent and Capacity Board acting pursuant to the Health Care Consent Act, 1996, S.O. 1996, in conducting a hearing to determine whether a substitute decision maker is acting in the best interests of the patient, does not have an obligation to call witnesses which could have been called by the substitute decision maker represented by counsel at the hearing. Short reasons of the Board dealing with the prior capable wish of the patient will be considered sufficient by the Court on an appeal where the Court is not prevented from a meaningful review of the correctness of the Board’s decision. An oversight on the part of the Board in failing to make a decision as to incapacity of the patient where the incapacity was largely conceded by the substitute decision maker, is unlikely to succeed as a ground of appeal of the Board’s decision that the substitute decision maker was not acting in the best interests of the patient.

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Failure to provide reasons – Adult in need of protection – Capacity – Best interest of incompetent adult – Substitute decision maker – Treatment plans – Compliance with legislation – Hearings – Witnesses – failure to call Grover v. Grover, [2009] O.J. ...

The Court dismissed an appeal from a decision of the Consent and Capacity Board which had confirmed a finding of incapacity in respect of specified psychiatric treatment of the Applicant. The Court found the Board’s decision was entirely reasonable on the facts before it

22. March 2005 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Capacity – Best interest of incompetent adult – Adult in need of protection – Mental health – Consent to treatment – Substitute decision maker – Judicial review – Standard of review – Reasonableness simpliciter Thompson v. Grant, [2005] O.J. No. 36, Ontario Superior Court ...