Case card

Court Requires More Evidence Before Deciding Personal Incapacity

In Stenner (Re), 2026 BCSC 1978, the BC Supreme Court declined to determine that a man lacked capacity to manage his person or affairs based solely on the medical material presented. Justice Lamb ordered a tailored hearing with cross examination of the physicians and disclosure of records underpinning their opinions. The October 15 decision does not declare the person incapable.

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Original source Supreme Court of British Columbia ↗

This publication provides general information, not medical or legal advice. Applicable rules depend on the institution, capacity, consent and jurisdiction.