2 total
The court declared the self-represented plaintiff a person under disability and appointed the Public Guardian and Trustee as his litigation guardian.
The defendants, Manulife Financial and Accenture Inc., brought a motion to declare the plaintiff a person under disability for the purpose of the action and to appoint the Office of the Public Guardian and Trustee (PGT) as his litigation guardian.
The plaintiff, who was self-represented, opposed the motion, asserting his capacity to manage the litigation.
The court reviewed the plaintiff's medical records, his own statements regarding his mental health, and his litigation conduct, which included refusing disability benefit payments based on conspiracy theories and an inability to understand legal implications.
The court found the plaintiff to be mentally incapable with respect to the issues in the litigation and appointed the PGT as his litigation guardian, emphasizing that this finding was limited to his litigation capacity and not a general finding of incapacity.
Application dismissed against third-party benefits adjudicator; individual employees removed as respondents due to corporate vicarious liability.
The applicant filed a human rights application alleging discrimination in employment based on disability against her employer, RBC, its employees, and Manulife, which adjudicated RBC's short-term disability claims.
Manulife and its employee requested summary dismissal, arguing they were not the applicant's employer.
RBC requested the removal of its individual employees as respondents, accepting vicarious liability for their actions.
The Tribunal dismissed the application against Manulife and its employee as having no reasonable prospect of success because they were not the applicant's employer.
The Tribunal also removed the individual RBC employees as respondents, finding no compelling reason to keep them in the proceeding since RBC accepted responsibility for their conduct.
