What is the test for understanding information relevant to making a decision in a litigation?
Ontario, Canada
The following excerpt is from Evans v Evans, 2017 ONSC 5232 (CanLII):
Put another way, the question is whether the person is able to understand information that is relevant to making a decision in respect of an issue in the proceeding or able to appreciate the reasonably foreseeable consequences of a decision or lack of decision in respect of an issue in the proceeding. As stated in Torok v. Toronto Transit Commission, at para. 40: The ability to appreciate the reasonably foreseeable consequences of a decision or lack of decision in the litigation includes the ability to consider a reasonable range of possible outcomes, including those that are unfavourable. This ability is essentially the capacity to assess risk, which requires consideration of a variety of results, both positive and negative.
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