What is the test for losing a person’s right to manage their property?

The loss of the right to manage one’s property is very significant. The court will not, without the benefit of clear and compelling evidence, take away a person’s right to manage their property. At para. 7 of her decision in Shalka v. Shalka,[4] Gomery J. stated that a court “can never deprive an individual of the ability to make their own decisions without evidence clearly establishing that this is the only appropriate order to make.” a) Evidence of Incapacity i) Report of Capacity Assessment