



COURT OF APPEAL FOR ONTARIO

CITATION:
Kelly
    (Re), 2012 ONCA 265

DATE: 20120424

DOCKET: C54507

Laskin, Rosenberg and Watt JJ.A.

IN THE MATTER OF:  Howard Kelly

Howard Kelly, acting in person

Anita Szigeti, as
amicus

curiae

Grace Choi, for the Attorney General

Ewa Krajewska, for Ontario Shores Centre for Mental
    Health Sciences

Heard: April 23, 2012

On appeal against the disposition of the Ontario Review
    Board dated, July 5, 2011.

APPEAL BOOK ENDORSEMENT

[1]

We recognize that the Boards disposition is more restrictive of Mr.
    Kellys liberty than previous Board orders.  However, we are satisfied that
    there was a solid evidentiary basis for the disposition and that therefore, it
    is not unreasonable.

[2]

The Boards reasons show that it took into account the possibility Mr.
    Kelly might make progress during the years after its disposition by
    specifically adverting to the possibility of an earlier hearing.

[3]

The Board no doubt rejected the hybrid order proposed by
amicus
because it wanted to maintain oversight over Mr. Kellys disposition.

[4]

The appeal is dismissed.


