Background:

• Ms. Agyemang claims disability benefits, alleging she became too sick to work at Mondelez Canada Inc.
• She seeks short-term disability benefits from Mondelez and long-term disability benefits from Canada Life.
• The case management judge noted Ms. Agyemang’s lack of legal representation and capacity concerns.

Legal Issue:

• Canada Life moved for an order requiring Ms. Agyemang to undergo a capacity assessment to determine if she needs a litigation guardian.

Key Points:

• Ms. Agyemang suffers from mental health issues, including depression, PTSD, schizophrenia, and anxiety.
• Medical records indicate significant mental health problems and past involuntary hospitalizations.
• During the hearing, Ms. Agyemang acknowledged her health issues but neither agreed nor objected to the assessment.

Legal Framework:

• A litigation guardian is required if a person cannot understand or appreciate the consequences of their decisions (Rules of Civil Procedure, Rule 7.01(1); Substitute Decisions Act, Sections 6 and 45).
• The court must be convinced of the individual’s inability to manage their lawsuit to order a capacity assessment (Courts of Justice Act, Section 105).

Decision:

• Judge Akbarali ordered Ms. Agyemang to undergo a capacity assessment on September 19, 2024, with Dr. Alina Kaminska.
• Canada Life will cover the costs of the assessment.
• Further medical records from Ms. Agyemang’s family doctor are to be produced.
• The assessment results will determine the need for a litigation guardian.
• An interpreter will be provided for Ms. Agyemang at future proceedings.
• No financial terms specified.