Valdez (Re),
| Jurisdiction | Ontario |
| Judge | Lauwers, Miller and Fairburn JJ.A. |
| Citation | 2018 ONCA 657 |
| Docket Number | C64516 |
| Court | Court of Appeal (Ontario) |
| Date | 20 July 2018 |
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
15 practice notes
-
Court Of Appeal Summaries (September 23-27)
...Tolias (Re), 2018 ONCA 2015, Collins (Re), 2018 ONCA 563, Centre for Addiction and Mental Health v Young, 2011 ONCA 432, Valdez (Re), 2018 ONCA 657 CIVIL DECISIONS Derakhshan v. Narula, 2019 ONCA 742 [Doherty, Harvison Young and Thorburn JJ.A.] Counsel: FD, acting in person Ian C. Vallance,......
-
The 2024 Annotated Mental Health Provisions of the Criminal Code (Part XX.1)
...the Board’s disposition should be “the least onerous and least restrictive” (see paras. 34–36). KEY OVERARCHING PRINCIPLES Valdez (Re) , 2018 ONCA 657 — The ease of returning an individual to hospital will not always justify a detention order as the necessary and appropriate disposition. Th......
-
Criminal Code
...case, which was released concurrently, Penetanguishene Mental Health Centre v. Ontario (Attorney General) , 2004 SCC 20 . Valdez (Re) , 2018 ONCA 657 — The ease of returning an individual to hospital will not always justify a detention order as the necessary and appropriate disposition. The......
-
Mental Disorder 2023 Criminal Code of Canada Annotations (Part XX.1)
...the Board’s disposition should be “the least onerous and least restrictive” (see paras. 34–36). KEY OVERARCHING PRINCIPLES Valdez (Re), 2018 ONCA 657 — The ease of returning an individual to hospital will not always justify a detention order as the necessary and appropriate disposition. Th......
Get Started for Free
8 cases
-
Blake (Re),
...para. 19; Munezero (Re), 2017 ONCA 585, at paras. 4-9; Marchese (Re), 2018 ONCA 307, 359 C.C.C. (3d) 408, at paras. 19-23; Valdez (Re), 2018 ONCA 657, at paras. 21-24; Leger (Re), 2018 ONCA 1035, at paras. 9-14; Negash (Re), 2018 ONCA 179, at paras. 10-13; Esgin (Re), 2019 ONCA 155, at para......
-
Davies (Re),
...in the event of decompensation. [30] The approach taken by the Board in this case is not unusual. For example, in Valdez (Re), 2018 ONCA 657, this court noted, at para. 21, the limits to relying on ease of readmission to hospital to justify a detention [W]e have difficulty with the majority......
-
Esgin (Re),
...did not bring Mr. Esgin in when the test results were received. [14] This court recently dealt with a similar situation in Valdez (Re), 2018 ONCA 657. The comments made by the court in Valdez apply equally to Mr. Esgin who, like Mr. Valdez, is taking long-acting medication administered at t......
-
Ahmadzai (Re),
...The Board therefore failed to evaluate the evidentiary record in context, which this court has found to be unreasonable: see Valdez (Re), 2018 ONCA 657, at paras. 23-24; Esgin (Re), at para. 24. In the present case, the Board reasoned that it would be easier to return the appellant to hospi......
Get Started for Free
4 firm's commentaries
-
Court Of Appeal Summaries (September 23-27)
...Tolias (Re), 2018 ONCA 2015, Collins (Re), 2018 ONCA 563, Centre for Addiction and Mental Health v Young, 2011 ONCA 432, Valdez (Re), 2018 ONCA 657 CIVIL DECISIONS Derakhshan v. Narula, 2019 ONCA 742 [Doherty, Harvison Young and Thorburn JJ.A.] Counsel: FD, acting in person Ian C. Vallance,......
-
Court Of Appeal Summaries (March 2 March 6, 2020)
...313, R. v. Lamanna, 2009 ONCA 612, Mazzei v. British Columbia (Director of Adult Forensic Psychiatric Services), 2006 SCC 7, Valdez (Re), 2018 ONCA 657 CIVIL DECISIONS Cooper v The Landry Lounge, Inc., 2020 ONCA 166 [Lauwers, Houriga, and Thorburn JJA] Counsel: AF on his own behalf and on b......
-
Ontario Court Of Appeal Summaries (February 25 March 1, 2019)
...for Addiction and Mental Health Keywords: Ontario Review Board, Possession of Weapons Dangerous, Conditional Discharge, Valdez (Re), 2018 ONCA 657 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be ought about your specifics......
-
Court Of Appeal Summaries (July 16 July 20, 2018)
...of Waypoint Centre for Mental Health Care Keywords: Ontario Review Board, Criminal Law, Murder, Not Criminally Responsible Valdez (Re), 2018 ONCA 657 [Lauwers, Miller and Fairburn A Szigeti, for the appellant J Reid, for the respondent Attorney General of Ontario L Crowell, for the responde......
3 books & journal articles
-
Criminal Code
...case, which was released concurrently, Penetanguishene Mental Health Centre v. Ontario (Attorney General) , 2004 SCC 20 . Valdez (Re) , 2018 ONCA 657 — The ease of returning an individual to hospital will not always justify a detention order as the necessary and appropriate disposition. The......
-
The 2024 Annotated Mental Health Provisions of the Criminal Code (Part XX.1)
...the Board’s disposition should be “the least onerous and least restrictive” (see paras. 34–36). KEY OVERARCHING PRINCIPLES Valdez (Re) , 2018 ONCA 657 — The ease of returning an individual to hospital will not always justify a detention order as the necessary and appropriate disposition. Th......
-
Mental Disorder 2023 Criminal Code of Canada Annotations (Part XX.1)
...the Board’s disposition should be “the least onerous and least restrictive” (see paras. 34–36). KEY OVERARCHING PRINCIPLES Valdez (Re), 2018 ONCA 657 — The ease of returning an individual to hospital will not always justify a detention order as the necessary and appropriate disposition. Th......