What is the test for denial of treatment?
Prince Edward Island, Canada
The following excerpt is from Birt v. General Accident Assurance Co., 2003 PESCTD 13 (CanLII):
“The case law makes it clear that the question of whether a refusal of treatment is reasonable or not is for the trier of fact.” Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146, at para. 46. Though made within a discussion of mitigation, this statement has application in the issue of proof of eligibility for coverage.
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