The Court held that the plaintiff presently lacked legal capacity to conduct the proceedings, based on clinical psychological evidence of a likely schizophrenia spectrum disorder, observations by his former senior counsel and solicitor of deteriorating cognitive function, and ambiguities in the psychologist's own instructions report that undermined her conclusion that the plaintiff could give sufficient instructions. The proceedings were stayed pending appointment of a tutor under UCPR r 7.14, and the scheduled hearing was vacated. The Court noted that it would not hold a litigant lacked capacity unless positively satisfied of that conclusion, and that internal inconsistencies in expert evidence on capacity may themselves support a finding of incapacity.
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