Admission to LTC Cases

Admission to Care Facility Cases

There are two significant cases (that we have been able to locate) where a patient found incapable of making decisions regarding admission to long-term care appealed a Consent and Capacity Board decision that agreed with the capacity evaluator. In each case, the patient won the appeal, and the decisions provides some very clear direction regarding what is appropriate and what isn't appropriate when conducting a capacity assessment regarding admission to care facilities.

Year Case (ON Superior Court) CCB Case Being Appealed Reference
2005 Saunders v. Bridgepoint Hospital Re (CS) CanLII 47735 (ON SC)
1997 Re (Koch) n/a CanLII 12138 (ON SC)

CCB Applications

(updated to June 06, 2014 reported)

Consent and Capacity Board Forms

  • Form A – represents a challenge to a formal assessment of incapacity
  • Form C – represents a request to be appointed as substitute decision-maker
  • Form G – represents a challenge of a SDMs refusal to consent to a proposed plan by the proposer of that plan. The challenge is based either on failure to consent based on prior wishes of the patient/client, OR, failure to consent in the best interests of the patient/client

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The cases below represent situations where CCAC evaluators determined that a patient/resident was incapable to consent to placement in a care facility (usually Long Term Care). An exhaustive search revealed there are also some cases regarding patients on a Form 1 in a psychiatric facility whom were deemed incapable of consent to placement, but we have not collated these. Our focus is on elderly patients who are presented with Long-Term Care as a discharge destination from acute care hospitals, or, in some cases, elderly patients already in Long-Term Care and wish to self-discharge.

 

Form A (primary)

Year Case_Name CCAC_Unit Application Proposal Decision Appeal
2014 Re (WD) North East Form A Admission to Care Facility Found remained capable
2014 Re (MJ) Waterloo_Wellington Form A Admission to Care Facility Confirmed Incapacity
2014 Re (BM) Central West Form A Admission to Care Facility Confirmed Incapacity
2013 Re (SS) Waterloo_Wellington Form A Admission to Care Facility Found remained capable
2013 Re (MQ) Central West From A Admission to Care Facility Confirmed Incapacity
2013 Re (FK) Hamilton_N_H_Brant Form A Admission to Care Facility Found remained capable
2013 Re (CB) Missisauga Halton Form A Admission to Care Facility Confirmed Incapacity
2013 Re (RB) Hamilton_N_H_Brant Form A Admission to Care Facility Confirmed Incapacity
2013 Re (LD) Toronto_Central Form A Admission to Care Facility Found remained
2013 Re (MB) North West CCAC Form A Admission to Care Facility Found remained capable
2013 Re (ARC) Erie St.Claire Form A Admission to Care Facility Found capable day of hearing
2013 Re (MJ) Toronto Central Form A Admission to Care Facility Confirmed Incapacity
2013 Re (DC) Toronto Central Form A Admission to Care Facility Confirmed Incapacity
2013 Re (LB) Erie St.Claire Form A Admission to Care Facility Confirmed Incapacity
2013 Re (RB) Hamilton-Niagara Form A Admission to Care Facility Confirmed Incapacity
2013 Re (HH) Toronto Central Form A Admission to Care Facility Confirmed Incapacity
2013 Re (MH) Toronto Central Form A Admission to Care Facility Confirmed
2013 Re (GG) Waterloo-Wellington Form A Admission to Care Facility Deemed Capable
2012 Re (AC) Grand River Hospital Form A Admission to Care Facility Deemed Capable
2012 Re (EB) Hamilton_N_H_Brant Form A Admission to Care Facility Confirmed Incapacity
2012 Re (LG) Mississauga Halton Form A Admission to Care Facility Confirmed Incapacity
2012 Re (BM) Champlain Form A Admission to Care Facility Deemed Capable
2012 Re (AE) Hamilton_N_H_Brant Form A Admission to Care Facility Confirmed Incapacity
2011 Re (J) Champlain Form A Admission to Care Facility Confirmed Incapacity
2010 Re (MP) Toronto Central Form A Admission to Care Facility Confirmed Incapacity
2010 Re (BK) Champlain Form A Admission to Care Facility Confirmed Incapacity
2010 Re (AM) Toronto Central Form A Admission to Care Facility Deemed Capable
2010 Re (GL) Toronto Central Form A Admission to Care Facility Deemed Capable
2010 Re (YR) Toronto Central Form A Admission to Care Facility Confirmed Incapacity
2008 Re (DSO) Toronto Central Form A Admission to Care Facility Confirmed Incapacity
2008 Re (DV) Champlain Form A Admission to Care Facility Deemed Capable
2007 Re (JP) North Simcoe Muskoka Form A Admission to Care Facility Confirmed Incapacity
2007 Re (SC) Toronto Central Form A Admission to Care Facility Confirmed Incapacity
2007 Re (EG) North East Form A Admission to Care Facility Confirmed Incapacity
2007 Re (II) South West Form A Admission to Care Facility Confirmed Incapacity
2007 Re (DW) North West Form A Admission to Care Facility Deemed Capable
2007 Re (JF) Champlain Form A Admission to Care Facility Confirmed Incapacity
2007 Re (LM) Toronto Central Form A Admission to Care Facility Confirmed Incapacity
2007 Re (LH) Champlain Form A Admission to Care Facility Deemed Capable
2007 Re (V) Mississauga Halton Form A Admission to Care Facility Confirmed Incapacity
2006 Re (RS) Toronto Central Form A Admission to Care Facility Confirmed Incapacity
2006 Re (G) North East Form A Admission to Care Facility Confirmed Incapacity
2006 Re (NH) Central East Form A Admission to Care Facility Confirmed Incapacity
2005 Re (C) Toronto Central Form A Admission to Care Facility Deemed Capable
2005 Re (BB) Toronto Central Form A Admission to Care Facility Confirmed Incapacity
2005 Re (R) Toronto Central Form A Admission to Care Facility Deemed Capable
2005 Re (R) Hamilton_N_H_Brant Form A Admission to Care Facility Deemed Capable
2005 Re (MTO) Hamilton_N_H_Brant Form A Admission to Care Facility Deemed Capable
2005 Re (R) Toronto Central Form A Admission to Care Facility Deemed Capable
2005 Re (EVJ) Toronto Central Form A Admission to Care Facility Confirmed Incapacity
2005 Re (CS) Toronto Central Form A Admission to Care Facility Confirmed Incapacity Overturned
2005 Re (GS) Toronto Central Form A Admission to Care Facility Deemed Capable
2004 Re (JD) Toronto Central Form A Admission to Care Facility Deemed Capable
2004 Re (SD) Central East Form A Admission to Care Facility Confirmed Incapacity
2004 Re (AB) Central Form A Admission to Care Facility Deemed Capable
2004 Re (MN) Toronto Central Form A Admission to Care Facility Deemed Capable

Form C
Year Case_Name CCAC_Unit Application Proposal Decision
2013 Re (OB) Central East From A and Form C Admission to Care Facility Confirmed Incapacity
2013 Re (JC) Central West Form A and Form C Admission to Care Facility Confirmed Incapacity
2013 Re (RM) Toronto Central Form A and Form C Admission to Care Facility Confirmed Incapacity
2011 Re (BP) South West Form A and Form C Admission to Care Facility Confirmed Incapacity
2011 Re (RK) Toronto Central Form C Admission to Care Facility Dismissed
2011 Re (MG) Toronto Central Form A and Form C Admission to Care Facility Confirmed Incapacity
2010 Re (ER) South East Form A and Form C Admission to Care Facility Confirmed Incapacity
2010 Re (MD) Toronto Central Form A and Form C Admission to Care Facility Confirmed Incapacity
2010 Re (P) Central Form A and Form C Admission to Care Facility Confirmed Incapacity
2009 Re (L) Mississauga-Halton Form C and Form H Admission to Care Facility Appointed representative who would consent
2005 Re (LM) Toronto Central Form C Admission to Care Facility Declined to appoint representative
2005 Re (K) Toronto Central Form A and Form C Admission to Care Facility Confirmed Incapacity
2005 Re (JF) Champlain Form A and Form C Admission to Care Facility Confirmed Incapacity

Form G

Year Case_Name CCAC_Unit Application Proposal Decision
2015 Re (PF) Mississauga Form G Admission to LTC Ordered Consent
2014 Re (MH) Champlain Form G Admission to LTC Ordered Consent
2013 Re (JW) Erie St.Claire Form G Admission to LTC Ordered Consent
2013 Re (IG) North West Form G Admission to LTC Ordered Consent
2012 Re (ND) Toronto Central Form G Admission to Care Facility Dismissed
2011 Re (GG) Waterloo-Wellington Form G Admission to Care Facility Dismissed
2011 Re (BT) Toronto Central From C and Form G Admission to Care Facility Declined to appoint representative
2007 Re (WMc) North Simcoe Muskoka Form G Admission to Care Facility Dismissed
2007 Re (RB) South East Form G Admission to Care Facility Ordered Consent
2006 Re (MG) Erie St.Clair Form G Admission to Care Facility SDM determined incapable
2004 Re (GRK) East York Form G Admission to Care Facility Authorized consent pending adjournment

NoteThis sample represents only those cases where one of the parties specifically requested written reasons from the Board.