The defendants brought a motion for directions seeking an order requiring the plaintiff to undergo a mental examination to determine whether she was a person under a legal disability requiring representation by a litigation guardian.
The court considered whether it had jurisdiction under s. 105 of the Courts of Justice Act to compel a mental examination in the context of Rule 7 proceedings.
The court held that it does have jurisdiction to order such an examination and that doing so would not violate s. 7 of the Canadian Charter of Rights and Freedoms, given the procedural safeguards governing such orders.
However, because the plaintiff expressed willingness to undergo a voluntary assessment and provide an updated report addressing her litigation capacity, the court declined to order a compulsory examination at that stage.
The defendants’ motion was adjourned pending the plaintiff’s completion of the voluntary assessment and anticipated motion to continue the proceeding without a litigation guardian.
