Mercedes Perez successful in novel ineffective counsel case

Category: Notable Cases
Posted on by Mercedes Perez

Following her appointment by the Ontario Court of Appeal as amicus curiae (along with lawyer Karen Steward) in a treatment incapacity appeal, Mercedes successfully argued that the appellant had received ineffective assistance of counsel from his Consent and Capacity Board lawyer.  This was the first time that an ineffective assistance of counsel claim was advanced as a ground of appeal in a mental health law case in Canada.  Read the Court of Appeal’s decision here.