Gajewski v. Wilkie,
| Jurisdiction | Ontario |
| Judge | Laskin, Rouleau and Epstein, JJ.A. |
| Neutral Citation | 2014 ONCA 897 |
| Citation | 2014 ONCA 897,(2014), 327 O.A.C. 292 (CA),123 OR (3d) 481,(2014), 327 OAC 292 (CA),327 O.A.C. 292,123 O.R. (3d) 481,327 OAC 292 |
| Date | 16 December 2014 |
| Court | Court of Appeal (Ontario) |
Gajewski v. Wilkie (2014), 327 O.A.C. 292 (CA)
MLB headnote and full text
Temp. Cite: [2014] O.A.C. TBEd. DE.037
Bartosz Gajewski (appellant) v. Dr. Treena Wilkie (respondent)
(C56661; 2014 ONCA 897)
Indexed As: Gajewski v. Wilkie
Ontario Court of Appeal
Laskin, Rouleau and Epstein, JJ.A.
December 16, 2014.
Summary:
Gajewski was found not criminally responsible on account of mental disorder ([2011] O.T.C. Uned. 1697). He was involuntarily detained in the Centre for Addiction and Mental Health by order of the Ontario Review Board. When Gajewski refused to consent to taking medication for his delusional disorder, a staff psychiatrist found him incapable with respect to treatment, which allowed for a substitute decision-maker to consent to treatment. At a review hearing, the Consent and Capacity Board confirmed this finding. Gajewski, with the assistance of amicus curiae, appealed.
The Ontario Superior Court, in an unreported endorsement, dismissed the appeal on the ground that the Board's decision was reasonable. Gajewski appealed, arguing that the evidence did not support the incapacity finding. Gajewski also alleged ineffective assistance by counsel and sought to introduce fresh evidence to support that allegation.
The Ontario Court of Appeal refused to admit the fresh evidence and dismissed the appeal. The evidence supported the finding of incapacity with respect to treatment with anti-psychotic medication. It was unnecessary to deal with the allegation of ineffective assistance by counsel.
Persons of Unsound Mind - Topic 1403
Treatment - General principles - Consent - Competence - Gajewski was found not criminally responsible on account of mental disorder - He was involuntarily detained in the Centre for Addiction and Mental Health by order of the Ontario Review Board - When Gajewski refused to consent to taking medication for his delusional disorder, a staff psychiatrist found him incapable with respect to treatment, which allowed for a substitute decision-maker to consent to treatment - The Consent and Capacity Board confirmed this finding - An appeal to the Superior Court was dismissed on the ground that the Board's decision was reasonable - The Ontario Court of Appeal dismissed a subsequent appeal - The Superior Court correctly applied the reasonableness standard of review - The psychiatrist's evidence, corroborated by other evidence, supported the finding that Gajewski was incapable of making his own decision respecting treatment with anti-psychotic medication - Gajewski refused medication because he disputed having a delusional disorder and claimed that "Jehovah" would prove his diagnosis to be false - It was open to find that Gajewski was unable to appreciate the reasonably foreseeable consequences of taking, or not taking, the proposed medication.
Cases Noticed:
Starson v. Swayze et al., [2003] 1 S.C.R. 722; 304 N.R. 326; 173 O.A.C. 210; 2003 SCC 32, refd to. [para. 7].
New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 33].
D.G. v. Hastings (2007), 232 O.A.C. 39; 288 D.L.R.(4th) 587; 2007 ONCA 890, leave to appeal refused (2008), 387 N.R. 395 (S.C.C.), refd to. [para. 33].
Anten v. Bhalerao (2013), 309 O.A.C. 28; 366 D.L.R.(4th) 370; 2013 ONCA 499, refd to. [para. 35].
Counsel:
Suzan E. Fraser, for the appellant;
Kendra Naidoo, for the respondent.
This appeal was heard on June 5, 2014, before Laskin, Rouleau and Epstein, JJ.A., of the Ontario Court of Appeal.
On December 16, 2014, Epstein, J.A., released the following judgment for the Court.
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Ontario Court Of Appeal Summaries (July 8 12, 2019)
...s. 4(1), Statutory Powers Procedure Act, RSO 1990, c. S.22, s. 8, Starson v. Swayze, 2003 SCC 32, [2003] 1 SCR 722, Gajewski v. Wilkie, 2014 ONCA 897, 123 OR (3d) 481 Stockey v. Grant, 2019 ONCA 597 Keywords: Real Estate Transaction, Lien Application, Cost Orders, Trial Management Conferenc......
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...under the HCCA with issues under the Child and Family Services Act and ind coherence between the two statutes. Gajewski v. Wilkie , 2014 ONCA 897 — This was an appeal of the Board’s decision to uphold a inding of incapacity. The Superior Court conirmed the decision. The Court of Appeal dism......