The applicant sought an order under s. 79 of the Substitute Decisions Act requiring a capacity assessment of an elderly parent and alternatively production of medical records and the drafting solicitor’s file relating to a power of attorney.
The proceeding arose in the context of a guardianship application and concerns regarding dementia and Parkinson’s disease.
The court held that although a guardianship proceeding was pending, the evidentiary record did not establish reasonable grounds to believe the individual was incapable.
Medical correspondence confirmed diagnoses but did not address the degree of incapacity.
Given the presumption of capacity and the absence of compelling evidence, the request for a court‑ordered assessment and related production was denied.
