As Day J. noted in Neto v. Klukach, [2004] O.J. No. 394 (S.C.J.) at para. 10: The first branch of the test assesses intellectual understanding of relevant information as it applies to his or her treatment. The second branch assesses the ability to evaluate, not just understand, information. The patient must have an ability to appreciate the relevant information as it relates to him or her.
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