What is the test for making an order requiring a person to undergo a mental health assessment?

In Abrams v. Abrams, [2008] O.J. No. 5207 (S.C.), Strathy J. set out a list of factors to consider before making such an order. Besides the factors set out in the legislation, he added that he should consider and balance the following factors to determine whether, in all the circumstances, the public interest and the interests of the respondent require that an assessment take place and justify the intrusion into the respondent’s privacy: (a) The nature and circumstances of the proceedings in which the issue is raised; (b) The nature and quality of the evidence before the court as to the person’s capacity and vulnerability to exploitation; (c) If there has been a previous assessment, the qualifications of the assessor, the comprehensiveness of the report and the conclusions reached; (d) Whether there are flaws in the previous report, evidence of bias or lack of objectivity, a failure to consider relevant evidence, the consideration of irrelevant evidence and the application of the proper criteria; (e) Whether the assessment will be necessary in order to decide the issue before the court; (f) Whether any harm will be done if an assessment does not take place; (g) Whether there is any urgency to the assessment; and (h) The wishes of the person sought to be examined, taking into account his or her capacity. Analysis