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.
