What is the test for determining whether a person with learning disabilities has a disability or mobility impairment?
Saskatchewan, Canada
The following excerpt is from Edmonds v Green, 2012 SKQB 307 (CanLII):
Counsel for the respondent initially suggested that this case should be dealt with as a mobility case, and that the principles established by Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, 141 Sask.R. 241 should be applied. In his brief, counsel conceded that although this was not technically a mobility case, but suggested that the court had a wide discretion, and should be guided by the factors outlined in the leading mobility cases. He proposed in this context that I take account of factors other than those listed in The Children’s Law Act.
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