E.S. v. Joannou, 2017 ONCA 655

JurisdictionOntario
JudgeRouleau, Pepall and Roberts JJ.A.
Citation2017 ONCA 655
Docket NumberC60295
CourtCourt of Appeal (Ontario)
Date17 August 2017
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6 practice notes
  • Table of Cases
    • Canada
    • Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...General Hospital, [2017] O.J. No. 2508 ..................................................................... 287 E.S. v. Joannou, 2017 ONCA 655 ................................................................................................ 171, 545–46, 547 Everingham v. Ontario (1992), 7 O......
  • Canadian Charter of Rights and Freedoms
    • Canada
    • Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...in which evidence should be presented. 81 The Consent and Capacity Board — Not Able to Grant Section 24(1) Remedies E.S. v. Joannou , 2017 ONCA 655 — In contrast to R. v. Conway , 2010 SCC 22 (above), inding that the Ontario Review Board (ORB) is a court of competent jurisdiction under sect......
  • Health Care Consent Act, 1996
    • Canada
    • Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...erred in determining the scope of procedural fairness and the accused did not receive a procedurally fair hearing. E.S. v. Joannou , 2017 ONCA 655 — The appellant sought to make a Charter argument relating to an alleged unlawful injection. The Court of Appeal held that the Board was not a c......
  • Thorne v. Canada (Attorney General), 2023 FC 364
    • Canada
    • Federal Court (Canada)
    • March 16, 2023
    ...a case is moot, courts should only consider it where it is in the interests of justice or the public interest to do so: ES v Joannou, 2017 ONCA 655 [ES] at para 37. [32] The Federal Court of Appeal [FCA] recently confirmed the three factors the Court should consider when determining whether......
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2 cases
  • Thorne v. Canada (Attorney General), 2023 FC 364
    • Canada
    • Federal Court (Canada)
    • March 16, 2023
    ...a case is moot, courts should only consider it where it is in the interests of justice or the public interest to do so: ES v Joannou, 2017 ONCA 655 [ES] at para 37. [32] The Federal Court of Appeal [FCA] recently confirmed the three factors the Court should consider when determining whether......
  • Nelson v. Livermore, 2017 ONCA 712
    • Canada
    • Ontario Court of Appeal (Ontario)
    • September 13, 2017
    ...to get into the case law as to the Board’s jurisdiction with respect to that.” That issue has since been settled. In E.S. v. Joannou, 2017 ONCA 655, this court held that the Board is not a court of competent jurisdiction for the purposes of s. 24(1) of the Charter. [27] Dr. Livermore testif......
1 firm's commentaries
  • Ontario Court Of Appeal Summaries (August 14-18)
    • Canada
    • Mondaq Canada
    • August 24, 2017
    ...week at the Ontario Court of Appeal since we started this blog a few years ago. There was only one substantive decision, E.S v. Joannou, 2017 ONCA 655, an administrative law decision. The court determined in that case that the Consent and Capacity Board, which reviews the involuntary admiss......
3 books & journal articles
  • Table of Cases
    • Canada
    • Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...General Hospital, [2017] O.J. No. 2508 ..................................................................... 287 E.S. v. Joannou, 2017 ONCA 655 ................................................................................................ 171, 545–46, 547 Everingham v. Ontario (1992), 7 O......
  • Canadian Charter of Rights and Freedoms
    • Canada
    • Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...in which evidence should be presented. 81 The Consent and Capacity Board — Not Able to Grant Section 24(1) Remedies E.S. v. Joannou , 2017 ONCA 655 — In contrast to R. v. Conway , 2010 SCC 22 (above), inding that the Ontario Review Board (ORB) is a court of competent jurisdiction under sect......
  • Health Care Consent Act, 1996
    • Canada
    • Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...erred in determining the scope of procedural fairness and the accused did not receive a procedurally fair hearing. E.S. v. Joannou , 2017 ONCA 655 — The appellant sought to make a Charter argument relating to an alleged unlawful injection. The Court of Appeal held that the Board was not a c......

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