Does a trial judge have to rely upon their inherent jurisdiction to inquire into a litigant's competence?

Further, Bateman, J.A. held, at para. 99, that the trial judge erred by invoking its inherent jurisdiction and made that finding without deciding whether a court “can rely upon its inherent jurisdiction to inquire into a litigant’s competence”. Two of the reasons listed and relevant to my decision were articulated in para.100, as including the following: • Permitting an opposing litigant to raise the question of a party’s mental capacity in a proceeding sets a dangerous precedent, as discussed in Halstead v. Anderson, supra at para. 57 (reproduced in para. [93] above). • The court’s inherent jurisdiction is an extraordinary power, rooted in controlling contempt of court or abuse of the court’s process and should not be used save in the clearest of cases. My Decision