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Mental Health - Psychiatric Hospitals. Stolove v. Waypoint Centre for Mental Health Care
In Stolove v. Waypoint Centre for Mental Health Care (Ont CA, 2025) the Ontario Court of Appeal dismissed an appeal, here from "the dismissal of their motion to certify a class proceeding alleging systemic negligence in the operation and oversight of the maximum security forensic psychiatric hospital in Penetanguishene, Ontario that provides care for involuntary patients".
Here the court describes the Waypoint Centre for Mental Health Care:(1) The Hospital
[10] The Hospital is a forensic psychiatric hospital currently operated by the respondent Waypoint Centre for Mental Health Care (“Waypoint”) pursuant to the Public Hospitals Act, R.S.O. 1990, c. P.40 and the Not-for-Profit Corporations Act, 2010, S.O. 2010, c. 15. The Hospital provides care for patients with serious mental illnesses who have been involuntarily admitted to a psychiatric facility. Prior to December 15, 2008, the Hospital was directly operated by the Ministry of Health and Long-Term Care on behalf of the respondent His Majesty the King in Right of Ontario (“Ontario”), at which point it was divested to Waypoint. The Individual Respondents are current or former officers of the Hospital.
[11] There is an elaborate and highly regulated statutory scheme governing the lawful detainment of involuntary patients with mental illnesses in Ontario, including the Health Care Consent Act, 1996, S.O. 1996, c. 2, Sched. A (the “HCCA”), the Substitute Decisions Act, 1992, S.O. 1992, c. 30, the Mental Health Act, R.S.O 1990, c. M.7, and Part XX.1 (Mental Disorder) of the Criminal Code, R.S.C. 1985, c. C-46. In accordance with this statutory scheme, there are two types of involuntary admissions to the Hospital: (a) patients who are involuntarily admitted pursuant to the Mental Health Act; and (b) involuntary forensic patients admitted pursuant to the administration of the criminal law process, including persons who have been found unfit to stand trial or found not criminally responsible (“NCR”) pursuant to the Criminal Code.
[12] The Hospital’s patients include some of the most ill and difficult to treat in Ontario because of their level of violence and aggression and the difficulties controlling their behaviour. The involuntary forensic patients at the hospital cannot be safely treated at less secure facilities. When other hospitals cannot handle their patients, they send them to the Hospital, in accordance with procedures and requirements set out in the Mental Health Act or the Criminal Code. There are currently approximately 315 in-patient beds at the Hospital.
[13] There is no dispute that the magnitude of the security and safety challenges at the Hospital are significant. For example, in one three-month period in 2020, there were 46 assaults perpetrated by involuntary forensic patients. The staff and patients at the Hospital have been attacked by other patients with weapons, and have been stabbed, bitten, punched, kicked, urinated and spat upon, and smeared with feces.
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