Mental Capacity (LTB)

TNL-60138-14-RV (Re), 2014 CanLII 65154 (ON LTB)

1. At the start of the hearing, P.A. made a motion to be appointed as the Tenant’s Litigation Guardian. P.A. had completed the Social Justice Tribunals Ontario’s application form prior to the hearing.

2. The Social Justice Tribunals Ontario’s Common Rule A10 establishes the procedure a person must follow to request to be a Litigation Guardian because a party lacks mental capacity.

3. At the hearing, I determined that no conflict of interest exists to bar P.A. from acting as the Tenant’s Litigation Guardian, and no person other than P.A. has sufficient knowledge of the tenancy to act on the Tenant’s behalf. It was also apparent, based on answers I elicited from the Tenant, that the Tenant did not comprehend the nature of the review hearing, or of the Landlord’s application to terminate his tenancy and evict him for non-payment of rent. I therefore granted P.A.’s request to be the Tenant’s Litigation Guardian