E.S. v. Joannou

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeRouleau, Pepall and Roberts JJ.A.
Citation2017 ONCA 655
Date17 August 2017
Docket NumberC60295

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6 practice notes
  • Table of Cases
    • Canada
    • Irwin Books 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
    • Irwin Books 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
    • Irwin Books 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)
    • 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)
    • 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
    • Canada
    • 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
    • Irwin Books 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
    • Irwin Books 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
    • Irwin Books 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......