The Consent and Capacity Board is an adjudicative tribunal in Ontario. The CCB holds hearings about mental capacity, treatment decisions, and psychiatric detention. Many health care disputes can be decided by the CCB, for example:

  • A review of an individual’s capacity to make decisions about health treatment, management of property, personal assistance services, or admission to a long-term care facility;
  • The appointment of a representative to make treatment decisions for someone who is incapable of making their own decisions;
  • A substitute decision-maker’s request for guidance in making treatment decisions;
  • Detention in a psychiatric facility, and
  • A review of whether a substitute decision-maker is making decisions in accordance with the law.

The CCB can be faster and less costly than going to Court, but it cannot deal with every dispute. For example, most Power of Attorney for Personal Care disputes must go to a Court rather than the CCB. Our lawyers are leaders in all aspects of capacity law and CCB matters (both before the CCB and on appeal), including:

  • Cases where mental capacity is in dispute;
  • Advice on how substitute decision-makers should make their decisions;
  • Consent regarding end-of life decisions;
  • Consent to admission to long-term care facilities (nursing homes);
  • Detention in psychiatric facilities under the Mental Health Act;
  • Capacity to manage finances and property; and
  • Guardianship and Power of Attorney Ontario Disputes.

Contact us to explore whether you would benefit from representation at a Consent and Capacity Board matter.

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