The Applicants, Mr. and Mrs. Marsden, applied for judicial review of the Ontario Consent and Capacity Board (the “Board”) decision. The Board held that Dr. Taylor, the Respondent, was allowed to administer anti-hypertension medication generally to the Applicants’ incapacitated mother. The Court held that the proper standard of review of the Board’s decision was simple reasonableness. It allowed the Applicants’ appeal in part.

28. November 2006 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Adult in need of protection – Mental health – Substitute decision maker – Consent to treatment – Judicial review – Compliance with legislation – Parties – Death of a party – Evidence – Standard of review – Reasonableness simpliciter Marsden v. Taylor, [2006] O.J. ...

The mother of a deceased disabled adult was unsuccessful in her appeal from a decision that the Human Rights Tribunal had no jurisdiction to continue to entertain the Human Rights complaint made on behalf of the disabled adult son where he had died before a hearing could be held

24. January 2006 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Disability – Judicial review – Jurisdiction of tribunal – Parties – death of a party British Columbia v. Goodwin, [2005] B.C.J. No. 2593, British Columbia Court of Appeal, December 1, 2005, Hall, Low and Lowry JJ.A. Ms. Gregoire filed a ...