What are the factors used to determine whether a party is disabled within the meaning of s. 7. of the BCSC?
British Columbia, Canada
The following excerpt is from Jensen v. Ross, 2015 BCSC 2065 (CanLII):
In Sandhu v. Insurance Corporation of British Columbia, 2011 BCSC 793, at para. 22 the court listed factors which can be considered in determining whether a party is disabled within the meaning of s. 7. Those include whether the plaintiff: (a) is cognizant of the facts giving rise to the cause of action; (b) understands the nature and purpose of proceedings including the role of judge, jury and counsel; (c) comprehends the personal import of the proceedings; that is, whether he is able to form a rational judgment about the effect of the action on his interests; and (d) is able to comprehend legal advice being given to him and able to instruct counsel and make critical decisions.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the factors used to determine the diligence factor in determining whether to grant an application in a personal injury case? (British Columbia, Canada)
What are the adequacy of reasons used by the BCSC to determine whether a person has a valid claim to be entitled to a disability disability? (British Columbia, Canada)
What factors are considered by the BCSC in determining whether a patient’s appointment is appropriate? (British Columbia, Canada)
What factors are considered in determining whether a party should be entitled to special costs? (British Columbia, Canada)
What is the test to determine whether there is evidence of a change in the condition, means or circumstances of the children and the ability of the parties to meet their needs? (British Columbia, Canada)
What are the factors used in determining whether to accept a complaint from a party who has been waiting six months? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
What is the test to determine whether a third party action should be heard separately or within the main action? (British Columbia, Canada)
What is the test for determining whether a party has intended to injure another party in a motor vehicle accident? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
