Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
37704
Stephen Parsons v. B. Komer
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-12-18 | Close file on Leave | |
| 2017-12-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-12-15 | Judgment on leave sent to the parties | |
| 2017-12-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C60992, 2017 ONCA 407, dated May 23, 2017, is dismissed. Dismissed |
|
| 2017-11-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-08-31 | Certificate (on limitations to public access), (Letter Form) | B. Komer |
| 2017-08-29 | Respondent's response on the application for leave to appeal, (Letter Form), 23A missing-rec'd 2017/08/31, Completed on: 2017-09-01 | B. Komer |
| 2017-08-22 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017/08/22 | |
| 2017-08-21 | Certificate (on limitations to public access), (Letter Form) | Stephen Parsons |
| 2017-08-21 | Application for leave to appeal, (Book Form), Final CA Order missing-rec'd 2017/11/17, Completed on: 2017-08-21 | Stephen Parsons |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Parsons, Stephen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Komer, B. | Respondent | Active |
Counsel
Party: Parsons, Stephen
Counsel
Newmarket, Ontario
L3X 3A6
Telephone: (416) 316-7878
FAX: (905) 503-0082
Email: thomaswhillier@yahoo.com
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Komer, B.
Counsel
33 Yonge Street, Suite 201
Toronto, Ontario
M5E 1G4
Telephone: (416) 982-3805
FAX: (416) 982-3801
Email: jthomson@lexcanada.com
Summary
Keywords
Administrative law – Boards and tribunals – Natural justice – Standard of review – Health law – Consent to care – Patient held at mental health institution found incapable of consent to medical treatment – What is the level of procedural fairness required in a hearing for treatment capacity? – What is the appropriate standard of review for questions of procedural fairness?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. Parsons was charged with possession of a weapon for a dangerous purpose. He was found not criminally responsible due to a mental disorder and detained at a mental health institution. Dr. Komer found Mr. Parsons incapable of consenting to treatment. Mr. Parsons appealed the finding to the Consent and Capacity Board.
Mr. Parsons attended the hearing before the Board on his own behalf. The Board adjourned the hearing to give Mr. Parsons an opportunity to retain counsel. When the hearing resumed, Mr. Parsons appeared once again without a lawyer but indicated to the Board that he was prepared to represent himself. The Board explained the hearing process to Mr. Parsons, and the hearing proceeded. Dr. Komer gave evidence first. When invited by the Board to ask questions, Mr. Parsons made long and incoherent submissions. The Board upheld Dr. Komer’s finding that Mr. Parsons was incapable of consenting to treatment. Mr. Parsons appealed, arguing that the evidence in support of the finding was insufficient, and that the Board breached its duty of procedural fairness.
Lower court rulings
Ontario Superior Court of Justice
DC-15-0366, 2015 ONSC 5202
Appeal dismissed
Court of Appeal for Ontario
C60992, 2017 ONCA 407
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available