The defendants in two related actions sought orders to compel the plaintiffs, Andrew Stronach and Selena Stronach, to undergo medical examinations to assess their mental capacities for the purpose of determining if litigation guardians were required.
The court dismissed the motion against Selena Stronach, finding insufficient evidence to rebut the presumption of capacity.
The motion against Andrew Stronach was dismissed without prejudice, as the court found it premature and suggested other discovery avenues should be pursued first.
The court also declined to order production of video recordings of Andrew's examination for discovery.
