At p. 35 D.L.R., p. 928 S.C.R. of his judgment in Reibl v. Hughes, Laskin C.J.C. said that relevant considerations for a reasonable man in the plaintiff’s position when deciding whether to consent to or reject surgery, were: Relevant in this case to the issue whether a reasonable person in the plaintiff’s position would have declined surgery at the particular time is the fact that he was within about one and one-half years of earning pension benefits if he continued at his job; that there was no neurological deficit then apparent; that there was no immediate emergency making the surgery imperative; that there was a grave risk of a stroke or worse during or as a result of the operation, while the risk of a stroke without it was in the future, with no precise time fixed or which could be fixed except as a guess of three or more years ahead. Since, on the trial Judge’s finding, the plaintiff was under the mistaken impression, as a result of the defendant’s breach of the duty of disclosure, that the surgery would relieve his continuing headaches, this would in the opinion of a reasonable person in the plaintiff’s position, also weigh against submitting to the surgery at the particular time.
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