What is the test for refusing to undergo recommended surgery or other treatment?

Ontario, Canada


The following excerpt is from Bourgoin v. Leamington (Municipality), 2006 CanLII 11904 (ON SC):

The determination of the reasonableness of the refusal of a plaintiff to undergo recommended surgery or other treatment must also take into account whether there is conflicting expert opinion on the advisability of receiving a particular course of treatment as reasonable, again to be determined on an objective basis. In Janiak v. Ippolito, the court dealt with this issue by reference to a number of English cases. The court concluded that as long as a plaintiff follows any one of several courses of treatment recommended by the medical advisors, he or she should not be said to have acted unreasonably, taking into account the degree of risk to the plaintiff from the surgery or other recommended treatment, the gravity of the consequences of refusing it and the potential benefit to the plaintiff by having it.

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