On appeal by two daughters of a decision of the Ontario Consent and Capacity Board directing them to consent to withholding medical treatment for their mother, the Court found that the Board had erred in law in its determination as to whether the daughters had complied with the principles for substitute decision making by withholding their consent. The Board also erred in law by ignoring the legislative purpose of the Health Care Consent Act, 1996. Finally, the Board assumed, in the absence of evidence, that the mother’s death would be prompt if there were no further recourse to intensive care.

23. March 2004 0
Administrative law – Decisions of administrative tribunals – Consent and Capacity Board – Capacity – Adult in need of protection – Withholding medical treatment – Substitute decision maker – Power of attorney – Scope of authority – Compliance with legislation – Judicial review – Evidence – Standard of review – Correctness Scardoni v. Hawryluck, [2004] O.J. No. ...