In the Court of Appeal decision in this matter, Justice Beveridge set out the test for determining whether a complainant has the requisite capacity to consent. (criminallawoshawa.com)
Claims against solicitors for negligence often arise in the context of estates cases, whether it be the failure of a lawyer to ensure that a testator's wishes are accurately reflected in his / her will, to neglecting to confirm the testator had the requisite capacity and was not subject to undue influence in executing his / her last will.... (devrieslitigation.com)
Often, from the first day you meet a client, it is clear that he does not have the requisite capacity to instruct you in the litigation. (bogoroch.com)