The Jewish Family and Child Services of Greater Toronto brought a motion to declare the respondent Z.Y. a "special party" under subrule 2(1) of the Family Law Rules and to appoint the Public Guardian and Trustee (PGT) as her representative.
Z.Y., the mother of the subject child, opposed the motion.
The court reviewed the legal framework for determining mental incapacity, including provisions from the Substitute Decisions Act, 1992, and relevant case law.
Based on evidence of Z.Y.'s severe mental health decline, disorganized thinking, and inability to understand the proceedings or appreciate the consequences of her decisions, the court found that Z.Y. met the criteria for a "special party" due to mental incapacity.
The motion was granted, and the PGT was appointed as Z.Y.'s representative to protect her interests and ensure proper presentation of information for the child's best interests.
