Applicant found to lack mental capacity; daughter appointed to act on his behalf in arbitration.
The applicant was injured in a motor vehicle accident and 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.
Based on medical reports and direct questioning of the applicant, the arbitrator found that the applicant lacked the mental capacity to proceed.
The arbitrator appointed the applicant's daughter to act on his behalf pursuant to Rule 10.5 of the Dispute Resolution Practice Code.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 6, 2008
