What is the test for establishing that a person is mentally competent to produce evidence in a family law proceeding?

Nova Scotia, Canada

The following excerpt is from Ocean v. Economical Mutual Insurance Co., 2009 NSCA 81 (CanLII):

As the equivalent rule has been most commonly interpreted in other provinces, it is to be used only to assist the court in interpreting evidence and not to create evidence in order to prove a fact in issue. Consider for example, the decision in Drury v. Wiwchar, [1984] W.D.F.L. 046 (O.H.C.). The issue before the court is summarized in the headnote: In a proceeding under the Ontario Family Law Reform Act, the respondent sought an order for partition and sale of the jointly held matrimonial home, proposing to purchase the applicant's one‑half share at fair market value. The applicant, who was resident in a nursing home, had consented to the order. However, the respondent was concerned that the applicant might be mentally incompetent and that the order might therefore fall under attack in the future. Accordingly, he sought a second order directing psychiatric assessment of the applicant regarding her mental competency, a trial of the issue, and an order declaring the applicant mentally incompetent and appointing the official guardian as her next friend and guardian in the proceedings.

Other Questions

Is a person who killed another person entitled to a portion of the estate of the deceased, even if that person was of unsound mind? (Nova Scotia, Canada)
What is the test for establishing that evidence is sufficient to establish that there is cause of concern? (Nova Scotia, Canada)
When a joint family venture has been established, is the mutual conferral of benefits considered when determining remedy? (Nova Scotia, Canada)
Can a mentally incompetent person designate a residence in accordance with the Social Assistance Act? (Nova Scotia, Canada)
What is the standard of evidence used in medical, scientific and other medical evidence at a jury trial? (Nova Scotia, Canada)
Is there any evidence to support a claim that there is no evidence supporting the existence of an underground mine? (Nova Scotia, Canada)
What is the test for credibility and trust in evidence in a family law case? (Nova Scotia, Canada)
What is the current state of the law in the US when it comes to limiting the scope of a plaintiff’s discovery of evidence in a separate proceeding? (Nova Scotia, Canada)
Does a personal representative have a duty to deliver a legal file to the personal representative of the deceased? (Nova Scotia, Canada)
What evidence is required to establish an occupational disease? (Nova Scotia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.