A motion was brought under s. 105(2) of the Courts of Justice Act for an order requiring an elderly party, aged 92, residing in a secure memory care facility, to undergo a cognitive capacity assessment.
The subject had been diagnosed with moderate stage dementia and had a documented history of confusion, memory deficits, and failed capacity screening.
He opposed the motion by affidavit, asserting his capacity.
The court applied the two-part threshold under s. 105(3) and the factors from Abrams v. Abrams, finding ample evidence of significant cognitive deficits and that capacity was a material issue in both the action and a related application.
The motion was granted, and a concurrent stay of a related motion to remove the moving party as litigation guardian was ordered pending the outcome of the assessment.
