Proud of the work of our firm on this important case out of the Court of Appeal yesterday. I found it a challenging appeal to argue because our position was that both the tribunal and the lower Court on the first level of appeal got this one wrong, but for different reasons.
This is one of the very rare civil mental health appeals I now accept. It is a very important judgment, however, that affects a big group (those medicated for a psychiatric condition on a first hospitalization) and ensures they are not subjected to coercive mechanisms compelling their compliance with psychiatric medications, before they’re given a chance to follow up and/or thrive without the proposed treatment altogether.
Grateful to my friend John McIntyre for his collegiality as opposing counsel on this one at this level of Court. All parties’ positions were expertly argued.
My view: the just result was reached.
To be fair, I almost invariably feel that way, however, when I win.
Naus v Kennedy in the ONCA released yesterday.
Online on the Court’s website here:
https://coadecisions.ontariocourts.ca/coa/coa/en/item/23145/index.do
anitaszigeti 