How does the Ontario Health and Social Care guideline apply to a defendant who "knew or should have known" of the special vulnerability?

Appellant argues that the guideline includes a knowledge requirement. This is correct. The guideline applies to a defendant who "knew or should have known" of the special vulnerability.³³ The knowledge requirement was satisfied, though, because Mendoza dealt with each victim personally. ³⁴ In United States v. O'Brien, we explained that because the appellants personally talked to and stalled victims with unpaid medical bills, they knew or should have known that the victims were vulnerable.³⁵ Mendoza dealt with these people personally and individually, and knew of their language limitations and their desperation.