Is there any case law where a trial judge preferred the recollection of a patient to that of a doctor as to whether the doctor had told the patient about a risk of continuing incontinence after a proposed surgery?

Ontario, Canada


The following excerpt is from Ayana v. Skin Klinic, 2009 CanLII 42042 (ON SC):

The Court of Appeal for British Columbia upheld a contrary result in Bruce v. Sookochoff,[16] where the trial judge had preferred the patient’s recollection to that of the doctor as to whether the doctor had told him about a risk of continuing incontinence after a proposed surgery. The doctor, appealing from the trial judge’s decision, asserted that the judge had misapprehended his evidence, which had been that not only had he mentioned the risk at his meeting with the patient but that this was his usual practice and that his notes referred to incontinence. The doctor argued that the judge had applied a mechanical test to credibility, automatically preferring the patient’s evidence to his own because the patient’s evidence had been based on a single instance of such a discussion whereas the doctor’s had been based on many.

Other Questions


If the limitation period does not start to run until the doctor patient relationship with the doctor has terminated, should it continue? (Ontario, Canada)
What is the test for determining whether a doctor has failed to disclose to a patient? (Ontario, Canada)
In what circumstances will a judge in a sexual assault case be found to have objected to the words of the Judge at the trial of the accused? (Ontario, Canada)
What is the test for determining whether a patient would have agreed to a prescription drug without the consent of their doctor? (Ontario, Canada)
What is the test for determining whether a doctor is liable for a patient’s medical malpractice? (Ontario, Canada)
What is the onus and evidentiary burden of a judge in determining whether a child over the age of majority should continue to receive child support? (Ontario, Canada)
How has the trial judge considered the totality of evidence at trial for impaired driving? (Ontario, Canada)
Is the order of a trial judge dispensing with a jury during the course of the trial consistently treated as an exercise of the exercise of his discretion? (Ontario, Canada)
What is the duty of the trial judge in a libel case to determine whether or not the words spoken are susceptible to the innuendo? (Ontario, Canada)
How has the trial judge reviewed the evidence at a jury trial? (Ontario, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.