What is the test for ordering a second assessment of a person with learning disabilities?

Ontario, Canada


The following excerpt is from Reddecopp v Daniels, 2017 ONSC 1726 (CanLII):

There is little authority to guide me on the circumstances in which the court should order a further assessment where, as here, the individuals have voluntarily submitted to assessments by a qualified assessor. In Forgione v. Forgione, [2007] O.J. No. 2006 (S.C.J.), a second assessment was ordered where the first assessment had not been carried out by a qualified capacity assessor and the report that had been prepared was not in accordance with the Guidelines for Conducting Assessments of Capacity. There were, as well, serious questions about the capacity and vulnerability of the person to be assessed, none of which had been mentioned in the earlier report.

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