Applicant found mentally incapable of proceeding in arbitration; husband appointed to act on her behalf.
The applicant was injured in a motor vehicle accident and suffered a brain injury and conversion disorder.
During settlement discussions, the issue of her mental capacity to proceed in the dispute resolution process was raised.
The arbitrator found, based on medical evidence, that the applicant was incapable of managing her property, appointing a representative, or conducting her own case.
The arbitrator appointed the applicant's husband to act on her behalf in the arbitration process, effective nunc pro tunc to the date the Application for Mediation was filed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 6, 2007
