Lewis Markowitz (the “Appellant”), appealed the decision of the Consent and Capacity Board (the “Board”) confirming the finding of a physician that the Appellant was incapable of consenting to treatment within the meaning of the Health Care Consent Act, S.O. 1996, c. 2 (“HCCA”). Pursuant to section 80 of the HCCA, the Appellant sought an Order quashing the decision of the Board and an Order finding the Appellant capable to consent to or refuse treatment, or, alternatively, an Order remitting the matter to the Board for a new hearing on the issue of capacity, with directions.

23. December 2008 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Capacity – Test Consent to treatment – Mental health – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter – Natural justice Markowitz v. Rootenberg, [2008] O.J. No. 5029, Ontario Superior Court of Justice, December 11, 2008, S.G. ...