What is the test for a motion seeking an assessment of a person who has been found to be incapable of doing so?

Ontario, Canada


The following excerpt is from Ying (Cindy) Zheng v. Long Zheng, 2012 ONSC 3045 (CanLII):

In a proceeding of this nature, the court seeks to balance the interests of the person alleged to be incapable against the interest and duty of the state to protect the vulnerable, not the interests of the litigants including a party seeking an assessment: see Abrams v. Abrams (S.C.) at para. 48 and at para. 59. In that decision, Strathy J. describes the issue for the court as striking the appropriate balance between the autonomy of the individual and the duty of the state to protect the vulnerable. The issue remains the same in the present circumstances. In particular, the fact that the applicant has previously been found to be incapable does not lessen the concern for the autonomy of the individual in addressing the motion.

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