Applicant found to lack mental capacity; son appointed to act on his behalf in dispute resolution.
The applicant, who sustained a closed head injury in a motor vehicle accident, applied for statutory accident benefits.
A preliminary issue hearing was held to determine whether the applicant had the mental capacity to proceed in the dispute resolution process and, if not, whether his son should be appointed to act on his behalf.
The arbitrator found that the applicant lacked the mental capacity to proceed, relying on capacity assessments and the applicant's demeanor at the hearing.
The arbitrator appointed the applicant's son to proceed in the dispute resolution process and to receive and administer statutory accident benefits on his behalf.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 26, 2002
