Is there any case law that supports the argument that information on the probability of a result is a material risk?
Alberta, Canada
The following excerpt is from Gilberds v. Sobey, 2011 ABQB 491 (CanLII):
I agree with Ferrier J. that effective communication of treatment risks requires some information on the probability of a particular result: Matuzich v. Lieberman. The degree of probability of a risk is obviously relevant to reasonable patients considering whether they want to undergo treatment; indeed the degree of probability is one of the factors that qualifies a risk as material.
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