What is the test for having a mental capacity to participate in litigation?
Ontario, Canada
The following excerpt is from Grier v. Grier, 2021 ONSC 5743 (CanLII):
When a person is concerned about a person’s capacity to participate in litigation and/or to instruct counsel, they must bring forward appropriate information for the court’s consideration. The court must determine a person’s capacity at the time such a determination is requested. Direct medical evidence and information about a person’s actual mental condition is key: Winter v. Sherman Estate, 2018 ONCA 379, at para. 14.
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