What is the test for determining whether a beneficiary of a trust has a mental capacity to perform an examination?
Ontario, Canada
The following excerpt is from Stoor v. Stoor Estate, 2014 ONSC 5684 (CanLII):
Where the examination is sought by another party, s. 105(3) specifies that the court shall not order an examination unless the allegation regarding the party’s physical and mental condition is “relevant to a material issue in the proceeding and there is good reason to believe that there is substance to the allegation.” The respondent submits that capacity has been put in issue by the nature of the Saunders v. Vautier requirement that the beneficiary seeking to collapse the trust be of full legal capacity.
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