In what circumstances would a plaintiff be entitled to a lifetime retirement pension if he had followed the recommendation of his surgeon to submit to an operation which left him paralysed?
Ontario, Canada
The following excerpt is from Akl v. Collins, 2013 ONSC 3292 (CanLII):
In Reibl v. Hughes, supra, the plaintiff was one year and a half away from earning a lifetime retirement pension when he followed the recommendation of his surgeon to submit to an operation which was not strictly necessary at that time, and which left him paralyzed. The patient stated he would have chosen a shorter normal life, than a longer one as a cripple. At least he would have waited until his pension vested, as, after the surgery’s results, he was unable to continue his employment and was disentitled to extended disability benefits and a pension.
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