What is the effect of a finding that a party is under disability?
Ontario, Canada
The following excerpt is from Lengyel v. TD Home and Auto Insurance, 2017 ONSC 2512 (CanLII):
It has also been noted that a finding made by the court that a party is under disability is a serious matter because it means that the power to make decisions regarding the case will be taken away from the party and given to a litigation guardian. Therefore, the court must be cautious in reaching a conclusion which deprives a party from having the final say in how their litigation is conducted and resolved. (Bilek v. Constitution Insurance, [1990] O.J. No. 3117)
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