What is the test for determining whether a party has the ability to communicate?

British Columbia, Canada


The following excerpt is from V. v. N., 2013 BCPC 19 (CanLII):

The ability of the parties to communicate is not a determining factor, but is an important one to be considered (Massaar v. Klotild-Houser, [1999] B.C.J. No. 1960).

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