5 total
Motion for leave to appeal dismissed with no order as to costs.
The unrepresented appellant, through their litigation guardian, brought a motion for leave to appeal an order of Chalmers J. dated November 2, 2023.
The Divisional Court dismissed the motion for leave to appeal.
No costs were ordered for or against any party.
The appellants brought a motion for leave to appeal an order dated August 20, 2021.
As no respondent filed responding motion materials, the court made no order as to costs.
Self-represented plaintiff declared a party under disability and Public Guardian and Trustee appointed as litigation guardian.
The defendants and respondents brought a motion to declare the self-represented plaintiff a party under disability and to appoint the Public Guardian and Trustee as his litigation guardian.
The plaintiff opposed the motion, arguing he was capable of representing himself despite a history of mental health issues and a traumatic brain injury.
Applying the test from Huang v. Braga, the court found the plaintiff lacked the capacity to understand the litigation process, appreciate the consequences of his decisions, or maintain a consistent approach to the proceedings.
The court declared the plaintiff a party under disability and appointed the Public Guardian and Trustee as his litigation guardian.
Case conference held to confirm timetable for upcoming motion to determine legal capacity.
A case conference was held to determine if there were any issues with the timetable for an upcoming motion to determine the legal capacity of William MacLeod.
The court found that the steps set out in the timetable had taken place, no issues arose during cross-examinations requiring immediate attention, and the parties were on track for the scheduled hearing.
The court also directed that issues raised by Mr. MacLeod in a letter could be addressed at the motion itself.
Timetable set for motion to determine self-represented plaintiff's capacity to litigate.
At a case conference, the court established a timetable for a motion to determine the capacity of the self-represented plaintiff.
The defendants intend to bring a motion to appoint the Public Guardian and Trustee as litigation guardian for the plaintiff before any further steps are taken in the actions.
