Mercedes Perez, appointed by the Superior Court of Justice as amicus curiae, successfully raised procedural fairness issues in an appeal from a treatment incapacity decision of the Consent and Capacity Board. The decision has been published in the March 15, 2019 edition of the Ontario Reports. The appellant suffered from schizaffective disorder and had been […]
Category: Commentary
In Rae v. Collins, the Ontario Court of Justice considered the rarely invoked detention powers in Ontario’s Health Protection and Promotion Act (“HPPA”) in the context of a man infected with tuberculosis. In this unreported case, Mercedes Perez successfully argued that the quarantine detention powers should be subject to a minimally intrusive standard; that is, […]
Kelley commented today in The Lawyer’s Daily, on mental capacity issues arising in the case of Canadian boxing legend George Chuvalo. A recent ruling of the Superior Court (2018 ONSC 311) found that Mr. Chuvalo lacks mental capacity to decide whether to reconcile with his second wife. Two of his adult children from his first […]
The Law and Mental Disorder Association (LAMDA) has prepared an open letter to the anonymous donor of $100 million to the Centre for Addiction and Mental Health, urging that some portion of the very generous donation be directed to meet some of the needs of those suffering with mental health issues. Perez Bryan Procope LLP […]
The Law Commission of Ontario‘s Improving the Last Stages of Life project has entered its consultation phase. This project focuses on healthcare and healthcare transitions including palliative and end-of-life care. One important aspect of this is the burgeoning area of medical assistance in dying, which is now available to patients in Ontario that meet the […]
An Ontario judge has found that psychiatric patients at the Oak Ridge division of the Penetanguishene Mental Health Centre (today the Waypoint Centre for Mental Health Care) endured gross violations of their human dignity and human rights and were tortured both mentally and physically while detained. The case was a multi-plaintiff proceeding commenced in 2000 […]
The Law Commission Of Ontario released its largest law reform report yet yesterday, as a part of its Capacity, Decision-Making and Guardianships project. PBP Lawyers participated, as members of the Mental Health Legal Committee, in several consultations over the four years that this project has been ongoing. Alex Procope co-authored both of the Mental Health Legal […]
Vincent Li’s killing of Tim McLean on a Greyhound bus in July 2008 is one of the most widely-publicized crimes in recent Canadian history. Mr. Li, then a 40-year-old in an undiagnosed psychotic state, stabbed and beheaded Tim McLean, a stranger beside him on the bus. Mr. Li was found not criminally responsible on account […]