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Reasons - Inconsistent With Order

. Tobin (Re)

In Tobin (Re) (Ont CA, 2025) the Ontario Court of Appeal allowed an NCR appeal.

Here the court cited a case that found an "it was an error for the Board to issue a disposition that fails to reflect its reasons”:
[17] In Re Le Feuvre, 2020 ONCA 822, at para. 12, this court found that “it was an error for the Board to issue a disposition that fails to reflect its reasons.” We find that the Board made a similar error in this case. The fact that Mr. Tobin is obligated to reside at the hospital when his current condition would allow him to live in some form of supervised community housing is at least in part due to the hospital’s error. The hospital’s obligation to remedy this situation should be reflected in the Board’s disposition rather than simply a strong suggestion to act with due diligence in the reasons. Accordingly, we would amend the disposition to include the following term: “The hospital is to exercise all due diligence in pursuing community housing for Mr. Tobin”.

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Last modified: 10-07-25
By: admin