What is the test for an assertion that, because of a mental disability, the applicant was incapable of agreeing to the terms of a settlement that was reviewed and signed by him?
Ontario, Canada
The following excerpt is from Street v. Toronto Transit Commission, 2019 HRTO 505 (CanLII):
Turning to the issue of mental capacity, in order to succeed with an assertion that, because of a mental disability, the applicant was incapable of agreeing to the terms of a settlement that was reviewed and signed by him, there needs to be specific medical evidence that supports such an assertion: see Dickson v. General Motors of Canada Limited, 2013 HRTO 1347 at para. 30.
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