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Applicant presumed to have mental capacity to proceed with arbitration absent compelling evidence to the contrary.
The applicant applied for arbitration regarding statutory accident benefits following a motor vehicle accident.
A preliminary issue hearing was directed to determine whether the applicant possessed the mental capacity to proceed in the dispute resolution process, given his acquired brain injury and difficulties organizing his thoughts.
The arbitrator found that the applicant was presumed to have capacity and that there was insufficient evidence to rebut this presumption.
The applicant demonstrated an understanding of the process, the relief sought, and the possible outcomes.
