The appellant appealed a trial judge's decision regarding the capacity of the respondent.
The appellant argued that the experts erred in quantifying the needed capacity and that the fluctuating nature of the respondent's capacity should have shifted the onus of proof.
The Court of Appeal dismissed the appeal, finding that the experts properly applied the criteria in s. 8 of the Act and that the legal onus remained on the appellant.
The trial judge was entitled to accept the expert evidence presented.
