The defendant in a medical malpractice action brought a motion under s. 105 of the Courts of Justice Act for an order compelling the self-represented plaintiff to undergo a capacity assessment.
The plaintiffs brought a cross-motion seeking procedural accommodation for the plaintiff's participation to proceed exclusively in written and asynchronous formats due to severe disabilities.
The court found that the threshold requirements under s. 105(3) were met, as the plaintiff's own pleadings and conduct raised genuine concerns about litigation capacity.
The court further held that the requested accommodation of exclusively written and asynchronous participation would cause undue hardship by undermining procedural fairness, prejudicing the defendant's right to cross-examine, and straining court resources.
The defendant's motion was granted, and the accommodation request was dismissed without prejudice pending completion of the capacity assessment.