What is the test for determining whether a plaintiff acted unreasonably in eschewing the recommended treatment?
British Columbia, Canada
The following excerpt is from Tomas v Sticha, 2019 BCSC 1204 (CanLII):
The defendant concedes that she must prove on a balance of probabilities: 1) That the plaintiff acted unreasonably in eschewing the recommended treatment; and 2) The extent, if any, to which the plaintiff’s damages would have been reduced had he acted reasonably: see Chiu v. Chiu, 2002 BCCA 618 at para. 57.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a plaintiff acted unreasonably by not pursuing a recommended treatment? (British Columbia, Canada)
What is the test for determining whether a plaintiff acted unreasonably in failing to obtain the recommended treatment? (British Columbia, Canada)
What is the test for determining whether a plaintiff acted unreasonably in following treatment recommendations? (British Columbia, Canada)
What is the test for determining whether a plaintiff acted unreasonably in not following the recommended treatment? (British Columbia, Canada)
What is the test for determining whether a plaintiff would have received the recommended treatment? (British Columbia, Canada)
What is the test for determining whether a reasonable patient has followed a recommended treatment? (British Columbia, Canada)
What is the test for determining whether a plaintiff is entitled to equal treatment in the context of non-pecuniary damages? (British Columbia, Canada)
What is the test for determining whether a recommended treatment would have improved the symptoms? (British Columbia, Canada)
What is the test for determining whether a defendant acted unreasonably when driving under the influence of alcohol? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
