What is the test for establishing that an individual is a person under disability?
Ontario, Canada
The following excerpt is from Milicevic v. Ottawa Police Service, 2019 ONSC 3599 (CanLII):
The onus is on the party seeking a declaration that an individual is a person under disability to establish that the individual meets the relevant criteria (Bilek v. Constitution Insurance, [1990] O.J. No. 3117 (Dist. Ct.), at para. 2).
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