Jeffery A. Small

This judgment concerns a motion to appoint a litigation guardian for the plaintiff, Ms. Huang, in a complex personal injury action that originated from a 2000 motor vehicle accident.

The court considered medical assessments and Ms. Huang's demonstrated inability to understand legal proceedings, settlement offers, and to effectively instruct counsel or represent herself.

Despite Ms. Huang's opposition, the court found her to be a person under disability, mentally incapable of representing herself in the litigation due to a Major Depressive Disorder.

Consequently, the motion was granted, and the Public Guardian and Trustee was appointed as her litigation guardian.

The defendant, Anciento M. Braga, brought a motion for a capacity assessment of the plaintiff, She He Huang, under s. 16(1) of the Substitute Decisions Act, 1992.

The court considered Ms. Huang's history of dismissing multiple counsel, rejecting significant settlement offers, and demonstrating a rudimentary understanding of trial proceedings despite a prior assessment finding capacity.

Citing concerns about her fluctuating mental state and inability to appreciate the foreseeable consequences of her litigation decisions, the court ordered Ms. Huang to undergo a new capacity assessment.

The costs of the assessment and interpreter services were to be borne by Ms. Huang from her income replacement benefits.