Mercedes successfully represented the parents of a six year older boy on life support at the Hospital for Sick Children. The hospital sought to remove the boy from a life support system called ECMO, a decision his parents opposed. The Consent and Capacity Board agreed with Mercedes that the parents were making treatment decisions in […]
Tag: Notable Cases
Mercedes Perez was co-counsel to the interveners Mental Health Legal Committee and the HIV & AIDS Legal Clinic in a successful judicial review application in Divisional Court. The case determined that a transgendered person who initiated a complaint against a doctor to the College of Physicians and Surgeons of Ontario was not thereafter prevented from […]
Along with Suzan Fraser of Fraser Advocacy, Kelley represented the Mental Health Legal Committee in an intervention before the Court of Appeal for Ontario. The case addressed, in part, the duty of fairness owed by the Ontario Review Board to accused persons. In particular, the Court accepted that the Board should disclose to an NCR accused […]
Kelley successfully represented a shooting victim in obtaining his right to sue the Toronto police. Her client, an innocent teen victim of a gang-related drive-by shooting, claimed that front-line police officers could have prevented the shooting if they had followed senior officers’ orders to arrest the shooter. At the time, he claims,the shooter was a known […]
Kelley successfully represented a client with mental health issues before the Court of Appeal for Ontario. The case of Re Osawe was an appeal from a decision of the Ontario Review Board. On appeal, the Court of Appeal decided for the first time that the Board must give an accused person notice of its inclination […]
The Globe and Mail ran an article on Mercedes’ successful constitutional challenge to Ontario’s Mental Health Act in the case of a deaf man detained in a psychiatric facility for more than two decades. Read the full story here. […]
Mercedes was quoted in a Toronto Star article detailing a “landmark” successful Charter challenge to the Mental Health Act. Mercedes represented the appellant P.S. in the precedent setting case before the Ontario Court of Appeal of a deaf man detained for almost two decades at the Waypoint Centre for Mental Health Care. The Court of […]
Mercedes was successful before the Court of Appeal for Ontario in a precedent setting constitutional challenge to Ontario’s Mental Health Act. Mercedes represented a deaf man who had been detained at the maximum secure unit of the Waypoint Centre for Mental Health Care for almost two decades. In the case of PS, a five-judge panel […]
Mercedes Perez and lawyer Suzan Fraser represented the intervener Mental Health Legal Committee at the Supreme Court of Canada in an appeal that arose in the context of ongoing bed shortages within forensic psychiatric facilities in Ontario. The Supreme Court’s decision in R. v. Conception is available here. […]
Mercedes successfully represented the appellant before the Health Professions Appeal and Review Board in an appeal of a CPSO decision. The CPSO had determined that the physicians had not breached the standard of care in unilaterally placing a “Do Not Resuscitate” order in a patient’s chart without consent. The physicians had unilaterally determined that resuscitation […]