THE BLOG

A Form 5 can easy to misunderstand. On a busy psychiatric unit, the change from involuntary to voluntary status may appear relatively minor. The patient remains in the same hospital, on the same unit, under the care of the same treatment team. What changes may be most immediately noticeable are the patient's privileges: they may be permitted to leave the unit, go outside, smoke, or have greater freedom within the hospital. But a Form 5 does much more than change a patient's

Being held in a psychiatric facility is a serious restriction of liberty. You are entitled to know the legal authority being used, how long it lasts, and whether you can challenge it. In Ontario, that authority is often described by reference to a form under the Mental Health Act. The number on the form is not merely administrative. It tells you whether you are being held for assessment, admitted as an involuntary patient, or kept in hospital under a renewal or continuatio

"Why are you trying to stop the doctors from treating them?" "Do you really think they should be allowed to leave the hospital?" "Why can't you just tell them to do what the doctor says?" These are questions that lawyers representing patients before Ontario's Consent and Capacity Board (CCB) hear from time to time. They reflect a common misconception about what a patient's lawyer is actually there to do. A patient's lawyer is not a member of the treatment team.

Learning that you or a loved one has been found incapable of managing property can feel overwhelming and stressful. However, it’s important to remember that there are supports, safeguards, and options available to help manage finances effectively and protect your interests.

One of the most common misunderstandings I encounter as a lawyer appearing before the Consent and Capacity Board (CCB) is the belief that the Board decides what is in a patient's best interests. It does not. This misconception is understandable. Family members are often focused on whether their loved one needs treatment, medication, or continued hospitalization. Physicians are focused on providing care and managing risk. Patients may have a very different perspective.

Becoming a Substitute Decision Maker (SDM) in Ontario is a significant responsibility that involves making decisions on behalf of someone who is incapable of making their own decisions. This role can arise under the Substitute Decisions Act (SDA), the Mental Health Act (MHA), or the Health Care Consent Act (HCCA), depending on the type of decisions that need to be made. This blog explores what it means to be an SDM...

This post provides a comprehensive overview of the Consent and Capacity Board (CCB), an independent tribunal in Ontario that addresses...