Does the applicant have capacity to enter into and sign a mental health release?
Ontario, Canada
The following excerpt is from DS v. Bosco and Roxy’s Incorporated, 2019 HRTO 241 (CanLII):
While there is some evidence that at the time the applicant signed the release, he was experiencing a mental illness and was under psychiatric care as an outpatient I find that the applicant’s evidence is insufficient to establish that he lacked capacity to enter into and sign the release at the time. See Perricone, above, and Monteiro v. Inspec-Sol, 2010 HRTO 2281.
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