In Le Feuvre (Re) (Ont CA, 2024) the Ontario Court of Appeal dismissed an NCR ORB appeal, here in the common circumstance where circumstances have "materially changed" (here where the appellant has "moved to a long-term care facility") since the appeal was commenced and render the appeal moot:
[2] The sole issue on appeal is whether the Board’s determination that the appellant continues to constitute a significant threat to the safety of the public was unreasonable.
[3] The Crown has filed fresh evidence indicating that there was a subsequent urgent hearing at the request of CAMH on April 8, 2024. In its April 2024 disposition, the Board continued the appellant’s detention order and transferred him to a new hospital with privileges at the discretion of the person in charge to allow community living in approved supervised accommodation.
[4] The purpose of the April 2024 disposition was to allow the appellant to be moved to a long-term care facility in Prescott. He moved in mid-April 2024.
[5] We accept the Crown’s position that the appeal is moot because the October 2023 disposition is now spent: Halat (Re), 2019 ONCA 112, 2019 CarswellOnt 1885, at para. 9. CAMH took no position on this issue.
[6] Despite Ms. Szigeti’s able argument, we also accept the Crown’s further position that we should decline to hear this appeal because the appellant’s circumstances have now materially changed, and the issue of significant threat should be assessed based on the appellant’s current circumstances.
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