Multiple defendants brought motions seeking the appointment of a litigation guardian for a self‑represented plaintiff pursuing four personal injury actions.
The court considered medical evidence from a psychiatrist assessing the plaintiff’s mental capacity under s. 6 of the Substitute Decisions Act, 1992 and Rules 7.01 and 7.04 of the Rules of Civil Procedure.
The expert concluded that the plaintiff suffered from a delusional disorder and was unable to understand information relevant to litigation decisions or appreciate the reasonably foreseeable consequences of those decisions.
The court found the plaintiff’s expectations of recovering approximately $26.9 million in damages to be grossly unrealistic and indicative of an inability to make rational litigation decisions.
On a balance of probabilities, the court determined the plaintiff was mentally incapable in respect of the litigation and required a litigation guardian.
