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.
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. ...