Nader R. Hassan

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.

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.

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.

The respondent (moving party) brought a motion for leave to appeal an earlier order.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the applicants (responding parties) in the agreed amount of $5,000.

A case management conference was held regarding two actions brought by a self-represented plaintiff, who also purported to act as litigation guardian for another plaintiff.

The plaintiff failed to attend the conference but sent a letter indicating his intention to withdraw both actions.

Due to ongoing concerns regarding the plaintiff's capacity and the involvement of a party under disability, the court directed the defendants to bring motions to appoint the Public Guardian and Trustee as litigation guardian and to seek court approval for the settlement or withdrawal of the actions.