What is the test for finding a litigation guardian for a litigant who is not taking his medication?
Ontario, Canada
The following excerpt is from Evans v Evans, 2017 ONSC 4345 (CanLII):
In Costantino v. Costantino (2016) CarswellOn 18301 Justice Price ordered a litigation guardian for a schizophrenic litigant who was not taking his medication. He relied on the medical evidence and the lawyer’s evidence which questioned his client’s capacity to give him the instructions he required to conduct the action. The litigant’s mental incapacity prevented the proceeding from being settled or proceeding to trial.
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