Melanie Dawn McNaught

The defendants, Manulife Financial and Accenture Inc., brought a motion to declare the plaintiff a person under disability for the purpose of the action and to appoint the Office of the Public Guardian and Trustee (PGT) as his litigation guardian.

The plaintiff, who was self-represented, opposed the motion, asserting his capacity to manage the litigation.

The court reviewed the plaintiff's medical records, his own statements regarding his mental health, and his litigation conduct, which included refusing disability benefit payments based on conspiracy theories and an inability to understand legal implications.

The court found the plaintiff to be mentally incapable with respect to the issues in the litigation and appointed the PGT as his litigation guardian, emphasizing that this finding was limited to his litigation capacity and not a general finding of incapacity.

The moving parties sought dismissal of a civil action brought by a former employee claiming damages relating to unpaid short‑term disability benefits and alleged breach of a settlement agreement.

The court held that the essential character of the dispute arose from the interpretation and administration of a collective agreement governing employment benefits.

Under the Labour Relations Act, such disputes fall within the exclusive jurisdiction of labour arbitration.

The court further held that even if jurisdiction existed, the claim was statute‑barred because the plaintiff knew or ought to have known by February 2009 that the benefits would not be paid, yet did not commence the action until June 2011.

The action was dismissed and costs were awarded against the plaintiff.