Merit consideration guide available for Consent and Capacity Board appeals

Monday, September 17, 2018

In November 2017, Legal Aid Ontario's Mental Health Appeals Program (MHAP) began once again considering merit for Consent and Capacity Board (CCB) appeals. A two stage modified merit assessment test requires area committees to consider reasonable likelihood of success of appeals based on the strength of legal arguments put forward by counsel in opinion letters. Appeals with little or no merit are no longer being funded.

CCB Appeal Merit Consideration guide

Mental Health Strategy at LAO has developed a CCB Appeal Merit Consideration Guide to support ACs and panel lawyers in their assessment of merit. The guide, prepared in consultation with the Law and Mental Disorder Association, the Mental Health Law Committee and LAO LAW, is current as of May 2018. It provides an overview of the common types of CCB applications, legal grounds for appeal, appeal timelines and the new two stage modified merit test.

Where can I find it?

The CCB Appeal Merit Consideration Guide can be found on the LAO LAW website (requires login) in both English and French (under Mental Health Law -> Secondary Materials).

For further information

Contact A.J. Grant-Nicholson, policy lead of the Mental Health Strategy, at grantaj@lao.on.ca or the General ‑ Mental Health Appeals Program mailbox at genmenhealth@lao.on.ca

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