xxxiv ONTARIO REPORTS SEPTEMBER 13, 2019
AVAILABLE SEPTEMBER 2019
$96 | Approx. 700 pages
Softcover | Annual
A Guide to Consent & Capacity
Law in Ontario, 2020 Edition
D’Arcy Hiltz & Anita Szigeti
This seminal text assists readers in navigating through the four complex and
interrelated statutes under the mandate of the Ontario Consent and Capacity
Board: the Mental Health Act, the Health Care Consent Act, 1996, the Substitute
Decisions Act, 1992, and the Personal Health Information Protection Act, 2004.
Highlights of the 2020 Edition:
Whether applying to the Board or responding to an application, this guide will
assist in navigating through these four complex and interrelated statutes and give
direction to address particular issues.
• Substitute Decisions Act, 1992, last amended by S.O. 2019, c. 7, Sched.
17, s. 162.
• Personal Health Information Protection Act, last amended by 2019, c. 7,
Sched. 17, s. 139.
• Discussion of key recent cases such as The Ontario Court of Appeal’s
2018 judgment in the combined appeals of Barker v. Patel and Mitchell
v. Banik, with respect to the proper approach to “ancillary treatment“
under section 23 of the Health Care Consent Act